Mwanahamis Athman Ali & 2 others v Abbas Muhsin,Hussein B. Salim & Almas Nassir sued in their capacity as the Chairman, Secretary and Treasurer of Muungano Social Club t/a Ali Bin Abi Talib Nursery School [2018] KEELRC 1694 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1694
- Citation
- [2018] KEELRC 1694 (KLR)
- Decided
- 22 February 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeUnfair Termination of EmploymentPostureAppeal from original trialCoramONESMUS MAKAU, LINNET NDOLO
Holding
The termination of the Claimants' employment on account of redundancy was procedurally unfair, and the Court awards one month salary in lieu of notice plus twelve months' salary as compensation for the unfair termination.
Facts
The Claimants were employed by the Respondent as nursery school teachers from different dates, but were all terminated on account of redundancy by letter dated 17.2.2015.
Issues
- Whether the termination of the claimant's contract of service was unfair.
- Whether the claimants are entitled to the reliefs sought.
Reasoning
The Court found that the Respondent did not comply fully with the mandatory procedure provided by section 40 of the Employment Act, rendering the termination unfair.
Outcome
Judgment for the Claimants in the aggregate sum of Kshs.386,750 plus costs and interest from the date hereof.
Orders
- Award of one month salary in lieu of notice plus twelve months' salary as compensation for the unfair termination.
Remedies
- Compensation for unfair termination.
Authorities cited
Legislation (1)
- Employment 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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