Wachira & another v Bamburi Cement Limited (Cause 165 of 2018) [2023] KEELRC 1789 (KLR) (24 July 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1789
- Citation
- [2023] KEELRC 1789 (KLR)
- Decided
- 24 July 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramJK GAKERI
Holding
The termination of employment on account of redundancy was not fair.
Facts
The 1st and 2nd Claimants were employed by Bamburi Cement Limited as Customer Service Advisors and Retail Sales Representatives. They were transferred multiple times and received salary reviews. The 1st Claimant was terminated on account of redundancy.
Issues
- Whether termination of employment on account of redundancy was fair.
- Whether the Respondent violated the constitutional rights of the Claimants.
- Whether the Claimants were coerced to sign the exit package and/or are estopped from revisiting the issue.
- Whether the Claimants are entitled to the reliefs sought.
Reasoning
The court found that the termination was not conducted in compliance with the Employment Act, 2007, particularly regarding the notice period and severance pay.
Outcome
The 1st and 2nd Claimants were awarded compensation and reinstatement.
Orders
- Compensation awarded to the Claimants.
- Reinstatement of the Claimants' employment.
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Freight-In Time Ltd v Rosebell Wambui Munene (2018) eKLR
- Barclays Bank of Kenya Ltd & another v Gladys Muthoni & 2 others (supra)
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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