Edwin Ochar & 3 others v Habo Group of Companies & another [2021] KEELRC 2003 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2003
- Citation
- [2021] KEELRC 2003 (KLR)
- Decided
- 12 March 2021
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramJAMES RIKA
The court declared termination unfair and ordered the 2nd Respondent to pay severance, notice, and compensation for unfair termination to the claimants.
Facts
The claimants were employed as Port Clerks by the 1st Respondent (Habo Group of Companies) and later by the 2nd Respondent (Awanad Enterprises Limited). They were terminated without notice in August 2016.
Issues
- Unfair termination
- Severance pay
- Notice pay
- Salary arrears
- Annual leave
- Deducted/un-remitted Sacco dues
- Deducted/un-remitted N.H.I.F dues
- Deducted/un-remitted N.S.S.F dues
- Compensation for unfair termination
Reasoning
The court found that the termination was not at the claimants' instigation or fault and that the 2nd Respondent had not fulfilled its obligations under Section 40 of the Employment Act.
Outcome
The 2nd Respondent was ordered to pay severance, notice, and compensation for unfair termination to the claimants.
Orders
- It is declared that termination was unfair.
- The 2nd Respondent shall pay compensation, notice, and severance to the claimants as specified in the judgment.
- Costs to the claimants.
- Interest granted at 16% per annum from the date of termination till payment in full.
Remedies
- Compensation for unfair termination
- Severance pay
- Notice pay
- Salary arrears
- Annual leave
- Deducted/un-remitted Sacco dues
- Deducted/un-remitted N.H.I.F dues
- Deducted/un-remitted N.S.S.F dues
Authorities cited
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