Ann Waringa Waituru v Kenya Methodist University [2018] KEELRC 1734 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1734
- Citation
- [2018] KEELRC 1734 (KLR)
- Decided
- 5 April 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureClaimant seeks damages for unlawful dismissal, Respondent seeks to defend dismissal as lawful.CoramNzioki wa Makau
Holding
Claimant was unlawfully terminated from employment due to redundancy. She is awarded 6 months salary as compensation for unlawful termination.
Facts
Claimant was employed as a senior administrative officer by Respondent from 2006. She was granted maternity leave from April 7, 2017 to July 7, 2017. Respondent declared her redundant on May 23, 2017, citing staff rationalization.
Issues
- whether the claimant was lawfully terminated from the employment of the respondent
- whether the claimant is entitled to the relief sought
Reasoning
Redundancy was not in compliance with Employment Act, particularly Section 40(1)(c). No criteria for selecting Claimant as redundant was provided.
Outcome
Judgment for Claimant
Orders
- Kshs. 719,790/- compensation for 6 months for unlawful termination
- Costs of the suit
- Interest on compensation at court rates
Remedies
- Compensation for unlawful termination
- Costs of the suit
- Interest on compensation
Authorities cited
Legislation (1)
- Employment Act
Cases cited (2)
- Doris Kairuthi Kaaria & 59 Others v Kenya Methodist University
- Kenya Airways Limited v Aviation and Allied Workers Union & 3 Others
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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