Christine Nanjala Simiyu & another v Vegpro [K] Limited [2014] KEELRC 251 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 251
- Citation
- [2014] KEELRC 251 (KLR)
- Decided
- 17 September 2014
Summary at a glance
TypeIndustrial CourtPostureAppeal from the original trialCoramJames Rika
The Court declares the termination of the Claimants' contracts unfair and orders the Respondent to pay service pay and annual leave pay.
Facts
The Claimants were employed as Packers by the Respondent. The 1st Claimant was terminated on 16 April 2010, and the 2nd Claimant on 2 May 2010. Both claim unfair and unlawful termination.
Issues
- Unfair and unlawful termination
- Service pay and annual leave pay
Reasoning
The Court found the Respondent did not provide valid and fair reasons for termination and did not follow the Employment Act 2007.
Outcome
Affirmed
Orders
- 1 month salary in lieu of notice for each Claimant
- 18 days' salary for 4.5 and 7.5 years of service for each Claimant
- 94.5 and 157.5 days of annual leave for each Claimant
- 6 months' salary in compensation for unfair termination for each Claimant
Remedies
- Service pay and annual leave pay
Authorities cited
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