George Kigamba Njoroge & 2 others v Kamindi Selfridges (Supermarkets) Ltd [2019] KEELRC 849 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 849
- Citation
- [2019] KEELRC 849 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramAbuodha J.
Holding
The Court found the termination of the claimants' employment to be wrongful and unlawful
Facts
The claimants were employed as general workers by the respondent from 2000 to 2009, later rising to become supervisors. They were terminated without due regard to the Employment and Labour Laws, despite never going on leave and being paid in lieu thereof. The respondent claimed the claimants were terminated due to theft incidents and lack of faith in their performance.
Issues
- Whether the termination of the claimants' employment was wrongful and unlawful
- Whether the claimants were entitled to service pay despite being members of NSSF
Reasoning
The Court ruled that the claimants were employed as general workers from 2000 to 2009, and their contracts were terminated without due regard to the Employment and Labour Laws. The claimants were not paid in lieu of leave and were members of NSSF.
Outcome
Affirmed
Orders
- The respondent is ordered to pay the claimants their terminal dues including service pay
Remedies
- Service pay
Authorities cited
Legislation (1)
- Employment and Labour Relations 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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