Miraj Bakari, Ali Nzembe & 24 others v Doshi Enterprises Limited [2019] KEELRC 1414 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1414
- Citation
- [2019] KEELRC 1414 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a previous High Court decisionCoramJames Rika
Holding
The court orders the respondent to pay notice pay to each claimant at Kshs. 6,231, totaling Kshs. 155,775.
Facts
The claimants were employed by the respondent as labourers from 1981 to 1999 or soon thereafter. They were terminated on 24 April 2004 without notice or severance pay.
Issues
- termination without notice
- severance pay
- annual leave entitlement
- off-duty days and public holidays
Reasoning
The court found that the termination notice was abrupt and did not mention redundancy, thus not establishing a case for severance pay. Annual leave was not granted as the claimants worked during maintenance periods and holidays.
Outcome
In favor of the claimants
Orders
- Notice pay of Kshs. 6,231 to each claimant
- Costs to the claimants
- Interest on notice pay at 14% per annum from 24 April 2004 till payment is made in full
Remedies
- Notice pay
- Costs
- Interest
Authorities cited
Legislation (2)
- Employment and Labour Relations Act
- Trade Disputes Act Cap 234
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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