Charles Rono & 19 others v Kabianga Tea Farm [2017] KEELRC 70 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 70
- Citation
- [2017] KEELRC 70 (KLR)
- Decided
- 11 December 2017
The claimant's termination was unlawful, unfair, and irregular due to non-compliance with redundancy procedures. The claimant is entitled to severance pay, six months compensation for unlawful termination, one month salary in lieu of notice, and the costs of the claim shall be borne by the respondent.
Facts
The claimants were employed by the respondent as farm attendants, foremen, plumbers, security, leaf clerks, and worked for the company from 1st November, 2008. Their employment was terminated on 26th February, 2014 without following the required redundancy procedures and in violation of employment laws. The claimants were denied recommendation letters, severance pay, and other benefits.
Issues
- Was the termination of the employment of the claimant wrongful, unfair and unlawful?
- Is the claimant entitled to the relief sought?
Reasoning
The respondent did not comply with the Employment Act, 2007 on redundancy and did not offer valid reasons for termination, which was discriminatory.
Outcome
The claim is allowed and the relief sought is granted.
Orders
- Severance pay
- Six months compensation for unlawful termination
- One month salary in lieu of notice
- The Commissioner of Labour to facilitate a tabulation of this award in 120 days
- Mention on March 5th, April, 2018 for a report on tabulation and further directions of court
- The costs of the claim shall be borne by the respondent
Authorities cited
Legislation (1)
- Employment Act, 2007
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