Rapemo Julius Otieno & another v Richard Kisoi & another [2017] KEELRC 247 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 247
- Citation
- [2017] KEELRC 247 (KLR)
- Decided
- 31 October 2017
Summary at a glance
TypeUnlawful and Unfair Termination of EmploymentPostureAppeal from original trial
The termination of employment was found to be unlawful, unfair, and harsh.
Facts
Claimants were employed by Vegpro Kenya Limited and were sent on compulsory leave on July 9, 2012. They were issued termination letters dated July 1, 2012, and were not given notice, hearing, or reasons for their termination. The claimants were not issued with notices from their union before termination.
Issues
- Unlawful and unfair termination of employment
- Non-payment of terminal dues
Reasoning
The court found that the termination of employment was not preceded by notice, hearing, or reasons, and that the reasons given for redundancy were baseless.
Outcome
Affirmed
Remedies
- Notice pay
- Salary arrears for August, 2012
- Payment in lieu of untaken leave days
- Leave travelling allowance
- Service / gratuity when NSSF was not remitted [1998 to 2014]
- Severance pay
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