Hassan Suleiman Mwangema & 17 others v Boabab Beach Resort Mombasa [2016] KEELRC 536 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 536
- Citation
- [2016] KEELRC 536 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from original trialCoramONESMUS MAKAU
Holding
The court finds that the claimants were entitled to continue working until retirement, and the respondent constructively declared their jobs redundant on 30.4.2013.
Facts
Claimants were seasonal employees who were not renewed after their last contract expired in April 2013. They claimed unfair termination and sought compensation.
Issues
- Whether the non-renewal of contracts amounted to declaring them redundant.
- If so, whether the redundancy was unlawful and unfair.
- Whether the claimants are entitled to the reliefs sought.
Reasoning
The court ruled that the claimants had converted to permanent employees after six months of continuous service, and the respondent was barred from terminating them on redundancy grounds.
Outcome
Judgment for all claimants in aggregate sum of Kshs.1,142,495 plus costs and interest.
Orders
- Claimants will be issued with Certificate of Service as directed above.
Remedies
- Compensation for unfair termination.
Authorities cited
Legislation (1)
- Employment 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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