David Wafula Munyasia v Forum SYD [2017] KEELRC 684 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 684
- Citation
- [2017] KEELRC 684 (KLR)
- Decided
- 29 September 2017
The termination of the Claimant’s employment was on account of redundancy and was lawful and fair.
Facts
Claimant was employed by Respondent as Finance and Administration Officer from April 1, 2010. He was appointed Finance Officer in August 2012 with a monthly salary of Kshs. 200,000 and a 15% pension benefit. On January 16, 2014, he was appointed Finance Manager for a fixed term contract of 12 months. The contract was terminated on March 28, 2014, on account of redundancy.
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 due to a restructuring process initiated in 2011, leading to the abolition of regional offices and the creation of a new position. The Respondent followed the Employment Act and Labour Relations Act guidelines for redundancy.
Outcome
The Claimant's employment was terminated on account of redundancy and was lawful and fair.
Remedies
- Salary for remainder of fixed term contract period
- Unpaid gratuity for one year
- One month’s salary in lieu of notice
- Lost pension for remainder of contract period
- One month’s leave dues
- 12 months’ salary in compensation
Authorities cited
Legislation (2)
- Employment Act, 2007
- Labour Relations Act
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