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NEW KENYA CO-OP CREAMERIES LIMITED
V.
OLGA AUMA ADEDE

(2019) JELR 98472 (CA)

Court of Appeal 20 Dec 2019 Kenya
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Case Details

Suit Number:Civil Appeal 163 of 2017
Judges:Martha Karambu Koome, Hannah Magondi Okwengu, Sankale ole Kantai
Location:Nairobi
Other Citations:New Kenya Co-op Creameries Limited v. Olga Auma Adede [2019] eKLR

JUDGMENT OF THE COURT

[1] This appeal arises from the judgment of the Employment and Labour Relations Court (ELRC), (Maureen Onyango, J.), in which the court found that the employment of Olga Auma Adede (respondent), with New Kenya Co-operative Creameries Limited was unfairly terminated and proceeded to award her Kshs. 1,590,000 as six months’ compensation for the unfair termination and Kshs. 739,350 as gratuity for the period of the contract served.

[2] The appellant who is dissatisfied with the judgment has lodged an appeal in which it faults ELRC in finding that the respondent’s termination was unfair or that she was not given a hearing before her services were terminated, when the evidence before the court, was clear that she had been given ample opportunity to defend herself before her services were terminated. The appellant also faulted the award of gratuity to the respondent contending that the contract of service entered into between the appellant and the respondent did not enti…

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