Mungai v Devyani Foods Industries (Kenya) Limited (Cause E026 of 2021) [2023] KEELRC 1401 (KLR) (8 June 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1401
- Citation
- [2023] KEELRC 1401 (KLR)
- Decided
- 8 June 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramMN NDUMA
Holding
The termination was not for a valid reason and the respondent did not follow a fair procedure as mandated under the Employment Act.
Facts
Claimant was employed as Production Manager by Respondent from January 5, 2012, until his termination on April 12, 2020. Claimant was dismissed for operation and financial reasons.
Issues
- Whether the termination was for a valid reason following a fair procedure.
- What remedies, if any, the claimant is entitled to.
Reasoning
The Court found that the termination was unlawful and unfair due to lack of notice, failure to follow procedural requirements, and failure to demonstrate financial distress.
Outcome
Claimant is entitled to severance pay and compensation for unlawful and unfair termination.
Orders
- Dismissal of claim for payment of terminal dues in respect of previous contracts.
- Payment of severance pay for one year served in the last contract of employment equivalent to 15 days salary in the sum of Kshs 161,000.
- Compensation equivalent to three months' salary for unlawful and unfair termination.
Remedies
- Severance pay for one year served in the last contract of employment.
- Compensation equivalent to three months' salary for unlawful and unfair termination.
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (3)
- Fredrick Ouma -vs- Spectre International Limited
- Kenya Union of Commercial, Food and Allied Workers -vs- Meru North Farmers Sacco Limited
- Daniel Mburu Muriu -vs- Hygrotech East Africa Limited
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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