Steven Melkau Andutha & another v Delux Furniture Limited [2020] KEELRC 1133 (KLR)

Facts

The claimants, Steven Melkau Andutha and Kevin Omondi, were employed by Delux Furniture Limited to make school furniture. They worked diligently for about three years, but were terminated without notice or compensation. They were underpaid and did not receive terminal benefits.

Issues

1. Whether the employment of the claimants was unlawfully and unfairly terminated by the respondent.
2. Whether the claimants are entitled to the reliefs sought.

Reasoning

The claimants proved on a balance of probabilities that their employment was terminated for no valid reason and were not given a fair hearing, in contravention of the Employment Act, 2007. They served for about three years and were not compensated for the termination.

Outcome

The claimants are entitled to compensation for unlawful and unfair termination of employment.

Authorities cited