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SOMAK TRAVELS LTD
V.
GLADYS AGANYO

(2016) JELR 96069 (CA)

Court of Appeal 8 Apr 2016 Kenya
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Case Details

Suit Number:Civil Application 288 of 2015 (UR 246/2015)
Judges:Wanjiru Karanja, Mohammed Abdullahi Warsame, Sankale ole Kantai
Location:Nairobi
Other Citations:Somak Travels Ltd v. Gladys Aganyo [2016] eKLR

RULING OF THE COURT

The applicant had employed the respondent herein as a customer service officer. On 31st March 2012, it terminated her employment. Aggrieved with her termination, the respondent filed a claim before the Employment and Labour Relations Court alleging that it was unfair because the respondent had offered no reason for her termination. The respondent sought various reliefs, among them compensation for unlawful termination, pay in lieu of notice, severance pay and amounts due to her arising out of deductions on her medical cover. The applicant opposed the claim, and in its defence, the applicant admitted having employed the claimant as described in the claim, but denied that it terminated her unfairly. It alleged that it had experienced a down turn in business and as a result, it had no longer been tenable to keep the respondent in employment. The applicant’s position was that it followed the law and the contract terms between itself and the respondent, that it offered t…

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