Ouma v Cempack Solutions Ltd & another (Cause 46 of 2015) [2022] KEELRC 12846 (KLR) (13 October 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 12846
- Citation
- [2022] KEELRC 12846 (KLR)
- Decided
- 13 October 2022
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramAN MWAURE
The Court found that the termination was not for redundancy and thus the Claimant is not entitled to the reliefs sought.
Facts
The Claimant, Alfred Oyare Ouma, was employed by the 2nd Respondent (Cempack Solutions Ltd) as a moulding machine operator from 1995 to 2015. The employment was transferred to the 1st Respondent (East Africa Foundry Ltd) on 1 April 2015. The 1st Respondent terminated the Claimant's employment on 2 November 2015 due to low operations.
Issues
- Whether there was redundancy/unfair termination
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The Court held that the termination was not due to redundancy as defined in the Employment Act 2007, and thus the Claimant's claim for redundancy benefits is not valid.
Outcome
The appeal is dismissed.
Orders
- The 1st Respondent is not ordered to pay the Claimant any redundancy benefits.
Authorities cited
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