Martin Barasa Lutilo v Foton East Africa Limited [2017] KEELRC 1047 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1047
- Citation
- [2017] KEELRC 1047 (KLR)
- Decided
- 30 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnlawful Termination of EmploymentPostureAppeal from a lower court decision
Holding
The termination of employment was not valid due to lack of a valid reason and violation of procedural requirements.
Facts
Claimant was employed as a Production Manager by the Respondent from September 2013. He was declared redundant on January 17, 2015, before the end of his contract. The claimant received terminal benefits but claimed insufficient compensation and bonuses.
Issues
- Was the termination of employment for poor work performance valid?
- Was the termination done in accordance with the fair procedure?
- What remedies are available to the claimant?
Reasoning
The court found that the termination was due to poor work performance, but the respondent did not follow the Employment Act, 2007, in declaring the claimant redundant. The claimant was not given a month's notice and severance pay was not paid.
Outcome
Claimant's suit is upheld, and he is awarded additional compensation and benefits.
Orders
- Claimant is awarded Kshs.225,000/= for balance of service pay.
- Claimant is awarded Kshs.240,000/= for bonus pay.
- Claimant is awarded Kshs.97,500/= for fuel allowance.
- Claimant is awarded Kshs.45,000/= for airtime allowance.
- Claimant is awarded Kshs.95,000/= for 19 days remaining in his contract of service.
Remedies
- Additional compensation and benefits for the claimant.
Authorities cited
Legislation (1)
- Employment Act, 2007
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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