Kijuu v Hilcrest Investments Limited (Cause 403 of 2017) [2022] KEELRC 4156 (KLR) (9 June 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 4156
- Citation
- [2022] KEELRC 4156 (KLR)
- Decided
- 9 June 2022
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decision
The Court found that the termination of the Claimant’s employment was not procedurally fair due to the lack of a proper notice period as required by the Employment Act, 2007.
Facts
The Claimant, Kijuu, filed a claim against the Respondent, Hilcrest Investments Limited, alleging wrongful termination of employment. The Respondent filed a memorandum of response and a list of documents, and later provided a witness statement.
Issues
- Whether the termination of the Claimant’s employment was procedurally fair.
- Whether the termination of the Claimant’s employment was with substantive justification.
- Whether the Claimant is entitled to the reliefs sought or any of them.
- Who should bear the costs of this suit.
Reasoning
The Court determined that the statutory procedure for redundancy terminations, as outlined in Section 40 of the Employment Act, requires a specific period of notice, which was not met in this case.
Outcome
The Court found in favor of the Claimant, ordering procedural fairness in the termination of employment.
Orders
- Procedural fairness in the termination of employment
Remedies
- Procedural fairness in the termination of employment
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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