THE STANDARD
NATIONAL
Industrial court judge justice Monica Mbaru. [Fidelis Kabunyi, Standard]
The Labour Court found that Section 42(1) of the Employment Act, 2007 takes away the right to a fair hearing as it does not give the employee an opportunity to shop for a union representative, or an employee to plead his or her case, hence against the supreme law.
The three-judge Bench composed of Justices Monica Mbaru, Jorum Abuodha and Linnet Ndolo observed that the section was discriminatory because “apprentices and indentured learners” enjoy the benefits of other employees, but not employees under probation.
“Under Section 2 of the Employment Act, an employee is defined to mean a person employed for wages or salary and includes an apprentice and indentured learner.