Kenya Hotels & Allied Workers Union v Shangai Brothers Enterprises Ltd (Oriental Chinese Restaurant & Chinese Chens Kitchen) [2016] KEELRC 145 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 145
- Citation
- [2016] KEELRC 145 (KLR)
- Decided
- 10 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trialCoramMAUREEN ONYANGO
Holding
The court finds that Jane Nechesa Mwaka was dismissed unfairly, while Sulman Ocholla Ayoko, Sande George Ochieng, and Benson Mogina were unprocedurally declared redundant.
Facts
The Claimant, Kenya Hotels and Allied Workers Union, filed a dispute on behalf of its members who were employed by the Respondent, Shanghai Brothers Enterprises Ltd. The Grievants were terminated or declared redundant due to the closure of the Oriental Chinese Restaurant and Chinese Chen's Kitchen.
Issues
- Unfair dismissal of Jane Nechesa Mwaka
- Unprocedural declaration of redundancy for Sulman Ocholla Ayoko, Sande George Ochieng, and Benson Mogina
Reasoning
The Respondent did not comply with the Labour Relations Act in dismissing Jane Nechesa Mwaka and declaring the other Grievants redundant.
Outcome
Judgment in favour of the Grievants
Orders
- Notice Pay
- Last Salary
- Severance Pay
- Annual Leave
- Underpayment Compensation
Remedies
- 1 months salary in lieu of notice
- Last Salary
- Severance Pay
- Annual Leave
- Underpayments
- Compensation
Authorities cited
Legislation (1)
- Labour Relations 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.
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