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Premier Construction Limited v. Josephat Bwire Lukale, Justus Kimweli Chege, George Otieno Odera, Lawrence Ooko Oduol, Ephraem Adama Mutundu & Patrick Alushula Ateta

(2017) JELR 94741 (CA)

Court of Appeal  •  Civil Appeal 213 of 2015  •  24 Mar 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The respondents were employees of the appellant until 24th June, 2013, when the appellant's factory, where they worked burnt down. Naturally as a result of the accident the respondents, along with all the other employees were paid their salaries for the month of June, 2013 and asked to stay away as the appellant, in the meantime sought compensation from the insurance in order to rebuild the factory. They were assured of their jobs once the company resumed its operations.

According to the respondents the appellant resumed operations on 1st October, 2013 and while it invited and re-engaged some of its former workers, no such invitation was extended to the respondents who in the end were not reinstated as they had been promised. On 4th March, 2014 they filed a statement of claim in the Employment and Labour Relations Court against the appellant. They sought judgment and tabulated what each one of them imagined they were entitled to. From that tabulation the respondent…

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