James Kinene Muraguri v Raffia Bags (East Africa) Limited [2020] KEELRC 686 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 686
- Citation
- [2020] KEELRC 686 (KLR)
- Decided
- 7 May 2020
The Court found that the termination of the Claimant's employment was not lawful and fair due to the lack of proper notice and selection criteria.
Facts
The Claimant, James Kinene Muraguri, worked as a Shift Manager for Raffia Bags (East Africa) Limited from 2010 to 2012. The Respondent, Raffia Bags (East Africa) Limited, declared the Claimant redundant in 2012 and provided severance pay and other benefits. The Claimant was later rehired as a Shift Manager in 2016 but terminated again in 2016.
Issues
- whether the termination of the Claimant's employment was lawful and fair
- whether the Claimant is entitled to the remedies sought
Reasoning
The Court determined that the termination was not in accordance with the Employment Act, 2007, as it did not comply with the statutory requirements for redundancy terminations.
Outcome
The Court found in favor of the Claimant, ordering the Respondent to pay severance pay, notice pay, and other benefits.
Orders
- the Respondent to pay severance pay
- the Respondent to pay notice pay
- the Respondent to pay other benefits
Remedies
- severance pay
- notice pay
- other benefits
Authorities cited
Legislation (2)
- Employment Act, 2007
- Labour Relations Act, 2007
Cases cited (3)
- Jane I Khalechi v Oxford University Press E.A. Ltd
- Thomas De La Rue v David Opondo Omutelelma
- Kenya Airways Limited v Aviation & Allied Workers Union of Kenya
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