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Emirates Airline Limited v. Stephen Chase Kisaka

(2016) JELR 102448 (CA)

Court of Appeal  •  Civil Application 187 of 2012  •  5 Feb 2016  •  Kenya

Paul Kihara Kariuki, Mohammed Abdullahi Warsame, Sankale ole Kantai



Stephen Chase Kisaka, the respondent herein, was until the 27 th October 2014, the Sales and Marketing Manager of Emirates Airline Limited, the applicant herein. On that date, the respondent’s employment was terminated and the applicant embarked on the process of recruiting a new candidate for the position of Sales and Marketing Manager.

Aggrieved by the termination of his employment and the move by the applicant to fill his former position, the respondent filed suit in the Employment and Labour Relations Court. In that suit, the respondent claimed that his dismissal was unfair, irregular and malicious, and that it did not follow the disciplinary processes and procedures of the applicant. In addition to his statement of claim, the respondent also sought an order of temporary injunction to restrain the applicant from advertising or recruiting for the position of Sales Manager pending the hearing and determination of his claim before the Employment and Labour Relations…

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