Hamisi Mwinyi Nyerere & 18 others v Uchumi Supermarket [2016] [2016] KEELRC 125 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 125
- Citation
- [2016] KEELRC 125 (KLR)
Summary at a glance
TypeLabor DisputePostureApplication for Urgent Orders and ReinstatementCoramHON. LADY JUSTICE HELLEN WASILWA
The Court will not make interim orders but will direct the parties to take a date for hearing the main claim on priority basis.
Facts
Claimants were declared redundant by Uchumi Supermarket on March 20, 29, and April 7, 2016. They were also forced to apply for 30 days leave. The Respondent has not paid their salaries for April, May, and June, and has not paid their terminal benefits.
Issues
- Whether the redundancy notices were issued in compliance with the Employment Act 2007
- Whether the Claimants should be reinstated and paid their salaries and benefits
Reasoning
The Court found that the Respondent did not comply with the provisions of Section 40 of the Employment Act 2007 regarding redundancy notices. However, the Court cannot make orders in vain and will not make interim orders.
Outcome
No interim orders will be made at this point. The parties are directed to take a date for hearing the main claim.
Orders
- No interim orders will be made at this point
Remedies
- Reinstatement and payment of salaries and benefits
Authorities cited
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