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AGA KHAN HOSPITAL KISUMU V. ERICK WANJOHI

(2020) JELR 105656 (CA)

Court of Appeal  •  Civil Appeal 89 of 2017  •  3 Apr 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia Patrick Omwenga Kiage

Judgement

JUDGMENT OF ASIKE-MAKHANDIA, JA

In our society today, losing jobs and or employment has become a daily norm. Be it through retrenchment, termination or even resignation. The question that begs to be answered then is whether when one loses his job, he does so willingly or is forced; so that the termination is either lawful, unlawful and or wrongful. This is one case which takes us on such a journey. It is an appeal from the judgment of the Employment and Labour Relations Court at Kisumu, “ELRC” in which the respondent’s claim was allowed with costs.

The appellant employed the respondent as an internal auditor on 13th February, 2012 vide contract of employment dated 10th January, 2012. The agreed remuneration was Kshs. 110,000 per month. According to the respondent, he served the appellant diligently until 13th August, 2013 when the appellant in breach of the contract of employment terminated his services. Aggrieved by the decision the respondent filed a claim dated 28th September, 2013 i…

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