Jackqueline Osoro v Unliver Tea Kenya Limited [2022] KEELRC 1029 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1029
- Citation
- [2022] KEELRC 1029 (KLR)
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramPresiding Judge
The termination of the claimant's employment on account of redundancy was justified, but the procedure followed was not in accordance with the mandatory procedure set out in section 40 (1) (a) & (b) of the Employment Act.
Facts
Claimant was employed by Respondent from 12/2/1997 as a clerk and promoted to Plant Manager on 1/3/2017. She was terminated on 26/7/2019 due to redundancy.
Issues
- Whether the redundancy was justified
- Whether the procedure followed was in accordance with section 40 of the Employment Act
- Whether the reliefs sought are merited
Reasoning
The employer justified the redundancy as part of restructuring, but failed to notify the Labour Officer and the claimant of the reasons for and extent of the redundancy at least one month prior to the redundancy.
Outcome
Claimant's termination was declared unfair, discriminatory, and unlawful.
Orders
- Claimant is entitled to remedies provided for in section 49 of the Employment Act
Remedies
- Declaration that the termination was unfair, discriminatory, and unlawful
- Compensation for unfair termination under section 49(I) (c) of the Employment Act
Authorities cited
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