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Kenya Ports Authority v. Mary Saru Mwandawiro

(2017) JELR 99982 (CA)

Court of Appeal  •  Civil Appeal 57 of 2016  •  12 Oct 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal against part of the judgment rendered by the Employment and Labour Relations Court (ELRC) at Mombasa on 19th February, 2016; in which Makau J., awarded the respondent a sum of Kshs.1,768,264.80 plus costs and interest as damages for unfair termination of employment. Contemporaneously with the appeal, a cross appeal was also lodged by the respondent, challenging the said judgment in its entirety.

[2] A brief background of the matter is that Mary Mwandawiro, (the respondent), lodged a claim at the ELRC seeking damages in form of loss of earnings in salaries and allowances for unlawful termination after appellant abolished her position. The respondent was employed by the appellant on 1st March, 1984; she contends that she served diligently over the years until 2002 when the appellant purported to carry out a restructuring of the corporation. Following that restructuring in 2002, the respondent’s position was translated to the post of accountant (…

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