Mogire Mageto James & 12 others v Vitafoam Products Limited [2022] KEELRC 963 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 963
- Citation
- [2022] KEELRC 963 (KLR)
- Decided
- 28 January 2022
The 1st-7th claimants left employment before the redundancy notice was issued, and the 6th and 7th claimants were dismissed before the redundancy declaration. Therefore, the redundancy was not justified and was not done in accordance with the procedure set out under section 40 of the Employment Act.
Facts
The 1st-7th claimants left employment before the redundancy notice was issued on 22.4.2015. The 6th and 7th claimants were dismissed on 18.3.2015. The 8th-13th claimants claim res judicata.
Issues
- Whether the 1st-7th claimants were affected by the redundancy notice
- Whether the 8th-13th claimants' claim is res judicata
- Whether the redundancy was justified
- Whether the redundancy was done in accordance with the procedure set out under section 40 of the Employment Act
- Whether the claimants are entitled to the reliefs sought
Reasoning
The court found that the 1st-7th claimants left employment before the redundancy notice was issued, and the 6th and 7th claimants were dismissed before the redundancy declaration. Thus, the redundancy was not justified and was not done in accordance with the procedure set out under section 40 of the Employment Act.
Outcome
The claimants' claims were dismissed.
Authorities cited
Legislation (2)
- Employment Act
- Collective Bargaining Agreement
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