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HAKIKA TRANSPORT SERVICES LTD V. SALIM NASSORO MWARIWA & 3 ORS

(2022) JELR 113972 (CA)

Court of Appeal  •  Civil Appeal 125 of 2019  •  10 Jun 2022  •  Kenya

Coram
SG Kairu, JA P Nyamweya, JA JW Lessit, JA

Judgement

JUDGMENT

  1. This appeal emanates from the judgment, decree and orders of the Employment and Labour Relations Court [ELRC] dated 11th May 2018 and delivered on 28th May 2018, in the consolidated suits between each of the respondents as against the appellant. The respondents’ filed their separate claims on 15th September, 2016 claiming terminal benefits plus compensation for unfair dismissal by the appellant on diverse dates between 3rd and 4th September, 2015. The 1st, 2nd and 4th respondents claimed that their respective services were terminated on 4th September, 2015; while the 3rd respondent claimed that his services were terminated on 3rd September, 2015. The respondents claimed that the appellant terminated their employment without valid reasons and without giving them the opportunity to be heard.

  2. According to the respondents, the contention began during the period between 2nd and 3rd September 2015, when the appellant’s Human Resource Manager (HRM) informed them that their verbal term…

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