Kiguta v Trustees, Edelvale Trust - Jamaa Home & Mission Hospital (Cause 1073 of 2018) [2023] KEELRC 1157 (KLR) (15 May 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1157
- Citation
- [2023] KEELRC 1157 (KLR)
- Decided
- 15 May 2023
Summary at a glance
TypeLabor DisputePostureAppeal from the original trialCoramJK GAKERI
The termination of the Claimant’s employment was unfair due to the lack of compliance with the Employment Act, 2007, particularly regarding the notice and severance pay requirements.
Facts
The Claimant, James Anthony Njeru Kiguta, was employed as a Senior Accountant by the Respondent, Edelvale Trust - Jamaa Home & Mission Hospital. He was terminated on June 30, 2015, on the grounds of redundancy. The Claimant alleged the termination was unfair.
Issues
- Whether termination of the Claimant’s employment was fair.
- Whether the Claimant waived his rights to pursue further claims against the Respondent.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The court held that the termination was unfair because the employer did not comply with the mandatory provisions of the Employment Act, 2007, regarding redundancy, notice, and severance pay.
Outcome
Dismissal of the suit with costs
Orders
- Dismissal of the suit with costs
Authorities cited
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