Dennis Mutua Simon & 9 others v Insight Management Consultants Limited [2016] KEELRC 511 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 511
- Citation
- [2016] KEELRC 511 (KLR)
- Decided
- 14 October 2016
Summary at a glance
TypeIndustrial DisputePostureAppeal from the original trialCoramJames Rika
Termination was based on valid ground but lacking in fairness of procedure. The Respondent shall pay the Claimants the total amount of Kshs. 658,430 in compensation and terminal dues.
Facts
Claimants were employed as Helpers by Respondent and sought wage increment. They went on a wildcat strike on 19th September 2013 demanding immediate implementation of the wage increment announced by the Government. The Respondent terminated their contracts of employment.
Issues
- Validity of termination
- Fairness of procedure
- Compensation for unfair termination
Reasoning
The Court found the Claimants involved in an illegal strike and the Respondent had valid reason to terminate their contracts of employment. The procedure leading to termination was flawed.
Outcome
Affirmed
Orders
- Payment of Kshs. 658,430 to the Claimants in compensation and terminal dues
- Interest granted at 14% p.a if not paid within 30 days
- Certificates of Service released to the Claimants
- No order on the costs
Remedies
- Compensation for unfair termination
- Salary in lieu of notice
- Underpayments
- Annual leave pay
- Work done in September 2013
Authorities cited
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