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IDD SALIM MWADELE & 19 ORS
V.
KWALE INTERNATIONAL & SUGAR COMPANY LIMITED

(2018) JELR 101521 (CA)

Court of Appeal 27 Sep 2018 Kenya
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Case Details

Suit Number:Civil Appeal 13 of 2018
Judges:Alnashir Ramazanali Magan Visram Martha Karambu Koome Wanjiru Karanja
Location:Malindi
Other Citations:Idd Salim Mwadele & 19 others v. Kwale International Sugar Company Limited

JUDGMENT OF THE COURT

1. It is not in dispute that the relationship between the respondent and the appellants was at one point that of employer/employees. However, the point of contention between them is the terms of the appellants’ employment. The dispute became apparent when the appellants’ services were terminated on diverse dates provoking them to file several suits at the Employment and Labour Relations Court (ELRC) which were subsequently consolidated. They sought payment of their terminal dues.

2. The appellants’ case was predicated on the grounds that they were paid on a weekly basis. At some point the respondent began delaying and ultimately stopped paying their weekly wages. Upon raising their concern on that state of affairs the respondent used policemen to chase them away from the premises and thereafter, terminated their services. As far as the appellants were concerned, their termination was not only unlawful but unfair; they were neither informed of the reason(s) of termi…

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