Blue Jay Investments Limited v Maafudh (Appeal E239 of 2025)
Blue Jay Investments Limited v Maafudh (Appeal E239 of 2025) [2026] KEELRC 1295 (KLR) (18 May 2026) (Judgment)
The respondent was given notice and a disciplinary hearing, and the employer established a genuine and valid reason for dismissal based on the respondent’s own account that the truck’s tyres had low pressure, which he was duty-bound as a heavy commercial driver to address. The respondent did not prove unfair termination, and the subsidiary monetary claims also failed because the evidence showed the wage paid exceeded the applicable minimum, leave and salary were paid, public holiday claims were time-barred and unsupported, and the deduction for loss was lawful. The appeal succeeded in full.
Source excerpt
- Unfair termination
- Section 41 disciplinary process
- Section 43 and 47(5) burden of proof
- Underpayment claims
- Leave pay
- Public holidays pay