James Kioko Mwanthi & 12 others v Athi River Shalom Community Hospital (Cause 1062 of 2017) [2021] KEELRC 690 (KLR) (Employment and Labour) (21 October 2021) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 690
- Citation
- [2021] KEELRC 690 (KLR)
- Decided
- 21 October 2021
Summary at a glance
TypeEmployment and Labour RelationsPostureAppeal from the original trial outcomeCoramMbaru
The Court finds that the claimants were employees of the respondent and that their termination was unfair and unlawful.
Facts
The claimants were employed as cleaners and guards by the respondent from 2010 to 2016. They alleged unfair termination and sought compensation and reinstatement.
Issues
- Whether a fair procedure was applied in terminating the claimants.
- Whether the claimants are entitled to the prayers sought.
Reasoning
The Court found that the claimants had a contract of service with the respondent and that the termination was unfair due to lack of notice and reasons.
Outcome
The claimants were awarded one month's salary in lieu of notice, unpaid leave, and damages for unlawful termination.
Orders
- The respondent is ordered to pay the claimants one month's salary in lieu of notice.
- The respondent is ordered to pay the claimants unpaid leave.
- The respondent is ordered to pay the claimants damages for unlawful termination.
Remedies
- One month's salary in lieu of notice.
- Unpaid leave.
- Damages for unlawful termination.
Authorities cited
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