Kenya Union of Domestic Hotels, Educational Institutions and Hospital Workers (KUDHEIHA) v Steu Ry Memorial School (Cause E017 of 2021) [2022] KEELRC 3991 (KLR) (22 September 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3991
- Citation
- [2022] KEELRC 3991 (KLR)
- Decided
- 22 September 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from an original trialCoramONESMUS N. MAKAU
Holding
The termination was unfair and the claimant is entitled to salary in lieu of notice and gratuity.
Facts
The grievant was employed by the respondent as a security guard from 2002 to 2014 and again from 2014 to February 28, 2020. The grievant was verbally retired in 2014 but re-engaged and served until February 28, 2020 when he was terminated.
Issues
- Whether the termination of the contract of service on February 28, 2020 was unfair and unlawful.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The termination was unfair as the employer failed to follow the mandatory procedure set out under section 40 of the Employment Act. The claimant is entitled to salary in lieu of notice and gratuity.
Outcome
Judgment for the claimant
Orders
- Notice kshs 11,200
- Gratuity kshs 106,200
Remedies
- Costs plus interest at court rate from the date of filing the suit
Authorities cited
Legislation (1)
- Employment Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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