Employment and Labour Relations Petition E147 of 2023
Judge
AN Mwaure
The court found that the petitioner was dismissed without adherence to the procedural safeguards required by Section 41 of the Employment Act and Article 41(2) of the Constitution. The respondents failed to demonstrate that they took reasonable steps to ascertain the petitioner’s reasons for absence or to provide her with a fair hearing before termination. The court held that the petitioner’s dismissal was procedurally unfair, unlawful, and in contravention of fair labour practices. The petitioner did not prove discrimination or sexual harassment to the required standard, but did establish vi…
The court dismissed an application to review an employment award, finding no new evidence, no apparent error, and no basis to add unpaid terminal dues.