Longhorn Publishers Kenya also known as Longhorn Kenya Limited v Njuguna (Civil Appeal E413 of 2020) [2023] KECA 316 (KLR) (17 March 2023) (Judgment)

Facts

The respondent, Karen Karagania Njuguna, was terminated from her position as a Personnel and Administration Manager on April 3, 2013, by her former employer, Longhorn Publishers Kenya. She alleged that her position was unlawfully declared redundant and that the appellant renamed her position as Chief Human Resource Officer and recruited a replacement with a similar job description.

Issues

1. Whether the termination of the respondent's position was procedurally and substantively fair
2. Whether the termination was justified due to financial decline
3. Whether the respondent was entitled to compensation for unfair termination

Reasoning

The court held that the termination was procedurally and substantively fair, and that the respondent was entitled to compensation for unfair termination. The court noted that the appellant followed the provisions of Section 40 of the Employment Act and that the respondent's position was merged with the finance office leading to the abolition of her position.

Outcome

The appeal is allowed, and the judgment of the Employment and Labour Relations Court is set aside.

Authorities cited