Margaret Mumbi Mwago v Intrahealth International [2017] KEELRC 129 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 129
- Citation
- [2017] KEELRC 129 (KLR)
- Decided
- 17 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnlawful Termination of EmploymentPostureClaimant vs. RespondentCoramKLR Maraga
Holding
The termination was not lawful and fair as the Respondent did not comply with the Employment Act's conditions for declaring redundancy.
Facts
Claimant was employed by Respondent as Senior Manager, Public Sector from February 15, 2013. She was terminated on August 27, 2015, due to reduction in scope of work. The Respondent advertised for a similar position soon after her termination.
Issues
- Whether the termination of the Claimant's employment was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The termination was based on redundancy, but the Respondent failed to comply with the Employment Act's requirements for declaring redundancy, including notifying the Claimant and the Labour Officer.
Outcome
The Claimant's employment was found to be unlawful and unfair.
Remedies
- Salary for 14 years
- Service/gratuity
- 12 months’ salary in compensation
- Leave pay
- General damages for unlawful termination of employment
- Certificate of service
- Costs plus interest
Authorities cited
Legislation (2)
- Employment Act
- Labour Relations 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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