Ndirangu v Beverly School of Kenya Ltd (Cause E009 of 2021) [2023] KEELRC 1858 (KLR) (31 July 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1858
- Citation
- [2023] KEELRC 1858 (KLR)
- Decided
- 31 July 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a previous judgmentCoramDN NDERITU, Wasilwa
Holding
The application by the Respondent to set aside the judgment and allow the Respondent to defend the cause is denied.
Facts
The Claimant, T. M. Ndirangu, was terminated by the Respondent, Beverly School of Kenya Ltd, on account of redundancy in February 2019. The Claimant subsequently filed a cause of action seeking compensation for unfair and unlawful termination.
Issues
- Unfair and unlawful termination
- Compensation for unlawful termination
- Settlement and defense of the cause
Reasoning
The court held that allowing the application would prejudice the Claimant, who has been waiting to be compensated since his unfair and unlawful termination. The court also noted that the Respondent had dishonoured a settlement agreement.
Outcome
The application is denied.
Orders
- Interim order for stay set aside
- Notice of motion dismissed with costs
Remedies
- Declaration of unfair and unlawful termination
- Compensation for unlawful termination
- One month's salary in lieu of notice
- Gross salary arrears
- Severance pay
- Compensation for unlawful termination
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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