Hezron Vuyoywa Malimu v Rivatex East Africa Limited [2013] KEELRC 627 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 627
- Citation
- [2013] KEELRC 627 (KLR)
Summary at a glance
TypeIndustrial CourtPostureClaimant vs RespondentCoramBYRAM ONGAYA
The court finds the claimant's termination by redundancy unlawful and unfair, and awards the claimant a declaration, payment of leave days, severance pay, and gratuity.
Facts
The claimant, Hezron Vuyoywa Malimu, filed a statement of claim against Rivatex East Africa Limited for unlawful redundancy and other employment benefits.
Issues
- Unlawful termination of employment by redundancy
- Payment of leave days
- Payment of severance pay
- Payment of gratuity
Reasoning
The court found that the requisite one month statutory notice was not served and seniority considerations were not adhered to, leading to an unfair termination.
Outcome
Judgment entered for the claimant
Orders
- A declaration that the respondent's termination of the claimant's employment by way of redundancy was unlawful and unfair
- The respondent to pay the claimant Kshs.67,964.00 by 1.09.2013 in default interest to be payable from the date of the judgment till full payment
- The respondent to pay costs of the suit
Remedies
- Declaration of unlawful termination
- Payment of leave days
- Payment of severance pay
- Payment of gratuity
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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