Elema Guyo Elema & 14 others v Jiangxi Zhongmei Engineering Construction Co. Ltd [2019] KEELRC 298 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 298
- Citation
- [2019] KEELRC 298 (KLR)
- Decided
- 21 November 2019
Summary at a glance
TypeWrongful dismissal and failure to pay terminal benefitsPostureAppeal from a decision of the Employment & Labour Relations Court of Kenya at NyeriCoramNzioki wa Makau
The termination process was found to be unlawful, and the court ordered the payment of two month's pay in lieu of notice, gratuity/service benefits, maximum compensation for unfair termination, underpayment of wages, annual leave dues, unpaid house allowance, and overtime for Sundays.
Facts
Elema Guyo Elema and 14 others filed suit against Jiangxi Zhongmei Engineering Construction Co. Ltd alleging wrongful dismissal and failure to pay terminal benefits. The case was consolidated and Elema alleged wrongful dismissal without due process and payment of terminal dues.
Issues
- Wrongful dismissal
- Failure to pay terminal benefits
- Violation of Employment Act and Collective Bargaining Agreement
Reasoning
The court found that the dismissal was without due process and violated the Employment Act and the Collective Bargaining Agreement.
Outcome
Affirmed
Orders
- Declaration of unlawful termination process
- Payment of various benefits and compensation
Remedies
- Declaration of unlawful termination process
- Payment of various benefits and compensation
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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