Elijah Mwova Kathuru v Tahir Sheikh Said Transporters Limited [2017] KEELRC 1044 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1044
- Citation
- [2017] KEELRC 1044 (KLR)
- Decided
- 30 June 2017
Redundancy was based on a genuine economic reason but lacked fairness in the procedure. The Respondent must pay compensation and other benefits to the Claimant.
Facts
The Claimant, Elijah Mwova Kathuru, was employed as a Mechanic by the Respondent, Tahir Sheikh Said Transporters Limited, from April 2011 to August 2015. The Respondent terminated his employment on August 12, 2014, citing reduced business volume. The Claimant was a member of the Kenya Shipping, Clearing and Warehousing Workers Union, and the Respondent deducted union dues from his salary but did not remit them to the National Social Security Fund.
Issues
- Fairness of the redundancy process
- Compensation for unfair termination
Reasoning
The Court found that the Claimant's union was engaged in the redundancy process, but there were procedural defects. The Court ordered compensation and other benefits.
Outcome
Appeal upheld
Orders
- Compensation for unfair termination
- 1 month salary in lieu of notice
- Outstanding leave days
- Costs to the Claimants
- Certificates of Service to issue
- Judgment to apply in all related files
Remedies
- Compensation for unfair termination
- 1 month salary in lieu of notice
- Outstanding leave days
- Costs to the Claimants
- Certificates of Service to issue
- Judgment to apply in all related files
Authorities cited
Legislation (1)
- Employment Act 2007
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