James Ngunia Kinyua v Oserian Development Company Limited (Cause 93 of 2016) [2017] KEELRC 1865 (KLR) (31 January 2017) (Judgment)

Summary at a glance

Facts

The claimant, James Ngunia Kinyua, was employed by the respondent, Oserian Development Company Limited, as an Inventory Control Manager on 13th April, 2006. He was terminated on grounds of redundancy on 28th January, 2016, with a notice period ending on 27th February, 2016. The claimant was offered a further three months of work and a severance package of 15 days, which he contested as unfair.

Issues

• Whether the termination of the employment was wrongful, unfair, and unlawful.
• Whether the claimant is entitled to the relief sought.
• Who should pay costs of the suit.

Reasoning

The court held that the termination notice was inadequate and did not comply with the Employment Act, 2007, which requires employers to notify the labour officer of impending redundancy.

Outcome

The claimant is entitled to the relief sought.

Orders

• The respondent is ordered to pay the claimant the relief sought.

Remedies

• The claimant is entitled to the relief sought.

Authorities cited