Levati v Dodla Dairy Kenya Limited & another [2025] KEELRC 2127 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause E021 of 2024
Judge
AN Mwaure
The court dismissed a constructive dismissal claim, finding the claimant resigned voluntarily. It allowed only admitted dues: leave pay, March 2024 salary, return ticket, and a certificate of service.
The court found that, in the absence of employment records from the respondent, the appellant's account of continuous employment from 2011 must be accepted. Under Section 37 of the Employment Act, the appellant's status converted from casual to protected employee, entitling him to statutory benefits. The respondent's failure to produce records meant the appellant's claims regarding the period and nature of employment were credible. The trial court correctly found the termination unfair, as the employer failed to take proper steps to end the employment relationship. The appellant was entitled…
Koech v Ekatera Tea Kenya PLC [2025] KEELRC 1995 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause E029 of 2023
Judge
AN Mwaure
The court found that the Respondent had valid and reasonable grounds for dismissing the Claimant, who as Maintenance Manager neglected his duties leading to a six-hour boiler breakdown and unresolved vehicle maintenance issues. The Respondent followed due process by issuing two notices to show cause, allowing the Claimant to respond, and conducting a disciplinary hearing where the Claimant was represented. The court held that both substantive justification and procedural fairness were satisfied as per sections 43 and 45 of the Employment Act. The Claimant's explanations were found unsatisfact…
Mathenge t/a Imperial Water Services v Juma [2025] KEELRC 2048 (KLR)
Court
Employment and Labour Relations Court
Case number
Appeal E210 of 2023
Judge
JW Keli
The court upheld liability for unfair termination but reduced the award, finding service of process was proper and the employment relationship was proved.
Tana v Asmara Entertainment Limited t/a Asmara Restaurant [2025] KEELRC 2029 (KLR)
Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E234 of 2024
Judge
JW Keli
The court found that the only issue for determination was whether the trial court erred in its findings on terminal dues. Upon re-evaluation, the court held that the appellant failed to prove entitlement to accrued leave pay, as leave records were produced and admitted without challenge. Service pay was not available due to NSSF deductions, as confirmed by unchallenged testimony. The appellant's claims for overtime and public holidays were not sufficiently particularised or proven, and the overtime claim was statute-barred as a continuing injury not filed within 12 months of resignation. Howe…
The court found the employee’s termination unfair, held the wage was below the statutory minimum, and varied the trial award to include compensation and other dues.
The appeal succeeded. The court set aside the trial judgment and awarded the appellants leave, overtime, service pay, and, for some, notice pay and compensation.
The ELRC at Mombasa held that the employee voluntarily resigned, so claims for unfair termination, notice pay, and compensation failed. The appeal succeeded.