Kenya Union of Commercial Food and Allied WorkersKenya Union of Commercial Food and Allied Workers v Tusker Mattresses Limited (Cause 49 of 2020) [2022] KEELRC 13477 (KLR) (21 November 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13477
- Citation
- [2022] KEELRC 13477 (KLR)
- Decided
- 21 November 2022
Summary at a glance
TypeUnfair DismissalPostureAppeal from an original trialCoramNJ ABUODHA
The court found that the termination of the 13 employees was not unfair and that the respondent complied with the mandatory procedure under the Employment Act.
Facts
The respondent, Tusker Mattresses Limited, declared 13 unionisable employees redundant due to the closure of their bakery department and transfer to a third party. The claimant, Kenya Union of Commercial Food and Allied Workers, sought declarations and orders regarding the notice period and severance pay.
Issues
- Whether the termination of 13 employees on account of redundancy amounts to unfair termination.
- Whether the claimant is entitled to the prayers sought.
Reasoning
The court analyzed the redundancy notices and found that the respondent followed the mandatory procedure as per Section 40(1) of the Employment Act, 2007. The court also noted that the claimant did not provide evidence to support its allegation of unlawful discrimination.
Outcome
Affirmed
Authorities cited
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