ELRC·Not stated in the extract (Petition filed 09.07.2015)18 December 2015 A Kenyan court ruled that a county governor cannot suspend a Public Service Board chairperson without following the strict removal process i
county governmentemployment labourdevolutionconstitutional lawfair administrative action
ELRC·Cause No. 401 of 201518 December 2015 A Kenyan employment court turned a private settlement into a binding judgment, entitling the worker to Kshs. 528,558.69 within seven days.
employment labourremediescivil proceduredamagesaccess to justice
ELRC·Cause No. 643 of 201318 December 2015 Kenya's Employment Court ruled that a union cannot win recognition by recruiting workers on some farms only — it must sign up a majority of
employment labourconstitutional lawstatutory interpretationburden of proofinjunction
ELRC·Notice of Motion dated 17th September 2015 (filed 18th September 2015), within a Claim arising from Cause No. 904 of 201118 December 2015 Kenya's Employment and Labour Relations Court let a disputed KUPPET Nairobi branch pursue its case, granting limited interim protection whil
employment labourinterlocutory reliefinjunctionlocus standiburden of proof
ELRC·Memorandum of Claim dated 5th March 201218 December 2015 A Kenyan hospital was ordered to pay a resigned doctor her terminal dues and costs because withholding even disputed amounts, pending resolu
employment labourcontract lawburden of proofdamagesremedies
ELRC·Not stated in judgment18 December 2015 A Kenyan court ruled a bank unlawfully dismissed an employee twice punished for the same offence, awarding over Kshs. 1.1 million.
employment labourfair hearingdamagesremediesburden of proof
ELRC·Amended Memorandum of Claim dated 30th July 201218 December 2015 A Kenyan employer who claims an employee absconded must prove it in court, or the dismissal is unfair and compensation follows.
employment labourburden of proofdamagesremediesfair hearing
ELRC·Petition dated 19th November 2014 (not fully stated in judgment)18 December 2015 The Employment and Labour Relations Court refused to declare a planned nurses' strike illegal, ruling Kenya's total ban on strikes in essent
employment labourconstitutional lawconstitutional interpretationhuman rightsstatutory interpretation
ELRC·Not stated in the judgment18 December 2015 Kenya's Employment Court struck out a claim because the worker's contract chose Dubai courts, showing forum clauses in employment contracts
employment labourjurisdictioncontract lawpreliminary objectionstriking out
ELRC·Not stated in judgment (Petition and Notice of Motion dated 7th December, 2015)18 December 2015 Kenya's Employment Court halted Kenyatta University's Vice Chancellor recruitment, ruling the job advert was flawed and ordered a fresh, mor
employment labourfair administrative actionpublic participationlocus standijurisdiction
ELRC·Not stated in judgment18 December 2015 employment labourcivil procedurestay of executionextension of timejudicial discretion
ELRC·Petition (Notice of Motion dated 4th November 2015)18 December 2015 Kenya's Employment Court refused broad protection for recruitment agencies but ordered police to return seized passports to their owners.
constitutional lawemployment labourfair administrative actionconservatory ordersinterlocutory relief
ELRC·Cause No 642 of 201318 December 2015 Kenya's Employment Court ruled KCB could not deny salaries to reinstated employees, but refused to make Graduate Trainees union members.
employment labourcontract lawstatutory interpretationburden of proofremedies
ELRC·Not stated in the judgment18 December 2015 employment labourjurisdictionlimitation of actionsres judicatapreliminary objection
ELRC·Not stated in the judgment (Cause filed 2 July 2015)18 December 2015 A Kenyan court halted an unfair dismissal lawsuit because the employment contract required arbitration first, but sent the dispute to a neut
employment labourarbitrationcontract lawstay of proceedingsstatutory interpretation
ELRC·Cause (not specified in judgment)18 December 2015 employment labourarbitrationstay of proceedingscontract lawstatutory interpretation
ELRC·Not stated in the judgment18 December 2015 Kenya's Employment Court refused to register a nurses' CBA signed without the Salaries and Remuneration Commission's binding advice.
employment labourconstitutional interpretationadministrative lawcontract lawjudicial discretion
ELRC·Petition No. 19 of 2015 (consolidated with Kisumu ELRC Cause No. 337 of 2015)17 December 2015 Kenya's Employment Court ruled Nyamira County Assembly employees keep their original, better pay terms—confirmation letters can't slash your
employment labourcounty governmentdevolutioncontract lawfair administrative action
ELRC·Cause No. 1796 of 201417 December 2015 A Kenyan court ruled an employer must pay a departing employee's full notice-period salary, largely because it never issued a written employ
employment labourcontract lawburden of proofremediesevidence
ELRC·Not stated in judgment17 December 2015 A Kenyan employer cannot deduct loan debts from a court award without a counterclaim; only statutory deductions like PAYE are allowed, with
employment labourcivil procedurestay of executionstatutory interpretationburden of proof
ELRC·Cause No. 68 of 201517 December 2015 A Kenyan court ruled a university employee wasn't fired but was hurt by poor communication, awarding her Kshs 500,000 and demanding her rede
employment labourhuman rightsfair administrative actiondamagesadministrative law
ELRC·Cause filed 5 June 2014 (number not stated in judgment)17 December 2015 A Kenyan court found a worker's dismissal unfair but awarded only part of his claims because his case was badly prepared—good evidence matte
employment labourburden of proofdamagescivil procedurestatutory interpretation
ELRC·Not stated in the excerpt17 December 2015 employment labourfair hearingburden of proofremediesstatutory interpretation
ELRC·Cause No. 261 of 201517 December 2015 The Employment Court refused to pick sides in a union recognition fight, instead ordering an independent fact-finder to verify actual union
employment labourinjunctioninterlocutory relief
ELRC·Not stated in judgment (Notice of Motion dated 3rd February, 2015)17 December 2015 Kenya's Employment Court blocked the Communications Authority from restructuring, advertising or scrapping two directors' jobs until their e
employment labourinjunctioninterlocutory reliefjudicial discretionfair hearing