Beatrice Osebe Joshua & 5 Others v Mills Industries Limited [2016] KEELRC 1671 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1671
- Citation
- [2016] KEELRC 1671 (KLR)
- Decided
- 19 February 2016
The Court found the termination of employment to be invalid and unjustifiable, and the termination was conducted without following a fair procedure. The claimants were awarded one month's salary in lieu of notice, leave and pro rata leave, service pay, and compensation for unfair termination of services.
Facts
Claimants were machine operators working for Mills Industries Limited. They were terminated on July 10, 2013, without prior warning, accused of non-cooperation and bad attitude towards work. The claimants alleged the termination was due to delayed pay and a strike, while the employer claimed the workers were not cooperative and had a bad attitude.
Issues
- Whether the termination of employment was justified and carried out through a proper procedure.
- Whether the claimants were entitled to compensation for unfair termination of services.
Reasoning
The Court ruled that the termination was not justified due to delayed pay and a strike, and that no disciplinary process was conducted prior to the termination.
Outcome
In favor of the claimants
Orders
- One month's salary in lieu of notice.
- Leave and pro rata leave as admitted by the respondent.
- Service pay at the rate of 15 days' pay for each complete year of service.
- Seven month's salary as compensation for unfair termination of services.
- Cost of the suit.
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