Josphat Ulenje Mando v ARM Cement (Formerly Known as Athi River Mining Ltd) [2018] KEELRC 1914 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1914
- Citation
- [2018] KEELRC 1914 (KLR)
- Decided
- 6 June 2018
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramMakau
The termination of the Claimant's employment was substantively and procedurally unfair, and he is entitled to compensation.
Facts
The Claimant, Joseph Ulenje Mando, was employed as a Welder Grade III by the Respondent, ARM Cement, from March 25, 2005, until February 20, 2015. The employment was terminated on February 20, 2015, due to restructuring and lack of work.
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 restructuring and lack of work, which falls under redundancy. The Respondent did not comply with the Employment Act's conditions for redundancy, making the termination unfair.
Outcome
The Claimant is awarded 12 months' salary in compensation and other benefits.
Orders
- Award of 12 months' salary in compensation
- Admission of leave pay, severance pay, salary for 20 days, overtime, travelling allowance, and baggage allowance
Remedies
- 12 months' salary in compensation
- 1 month's salary in lieu of notice
- Leave pay for 4 days
- Severance pay for 9 years
- Salary for 20 days
- Overtime
- Travelling allowance
- Baggage allowance
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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