Eric Kayesi Nandwa v Insteel Limited [2014] KEELRC 1483 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1483
- Citation
- [2014] KEELRC 1483 (KLR)
- Decided
- 21 November 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureClaimant seeks reinstatement and compensation for illegal redundancyCoramHellen S. Wasilwa
Holding
The redundancy was illegal and unjustified, and the court orders reinstatement within 30 days without salary rise or promotion, and payment of salary due and pending since the redundancy.
Facts
Claimant was employed as a Regional Salesman by respondents. He was accused of losing plates used in making windows and was declared redundant on 28.3.2013. He was not a member of a trade union and had not been informed of the redundancy.
Issues
- Whether the action of declaring claimant redundant was justified and fair
- What remedies if any, the claimant is entitled to
Reasoning
The court found that the respondents did not comply with the Employment Act 2007 regarding redundancy, particularly in notifying the employee and not considering seniority in the selection of employees for redundancy.
Outcome
Claimant reinstated within 30 days, payment of salary due, and costs awarded to claimant
Orders
- Reinstatement of claimant within 30 days from today without interference of any accrued salary rise and or promotion
- Payment of salary due and pending since the illegal redundancy on 28.3.2013 to-date being Kshs 33,000 X 20 = 660,000/= less statutory deductions
- Respondents to pay costs of this suit
Remedies
- Reinstatement
- Compensation for salary due
Authorities cited
Legislation (2)
- Employment Act 2007
- Industrial Court Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…