Muli v Acumen Communications Limited (Cause E076 of 2021) [2023] KEELRC 2072 (KLR) (22 August 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2072
- Citation
- [2023] KEELRC 2072 (KLR)
- Decided
- 22 August 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant's AppealCoramJAMES RIKA
Holding
Termination was unfair and unlawful, and the Respondent is ordered to pay compensation and severance.
Facts
Claimant was employed as an Accounts Officer by Respondent from March 1, 2016, earning Kshs 80,000 monthly. Respondent terminated her contract on February 7, 2018, citing redundancy. Claimant had 12 pending annual leave days and was not paid severance.
Issues
- Unfair termination due to lack of genuine redundancy
- Payment of severance and annual leave
Reasoning
The Court found no genuine redundancy and disregarded the Employment Act's procedure, leading to unfair termination.
Outcome
Claimant's appeal upheld
Orders
- Declaration of unfair termination
- Compensation of Kshs 560,000 for unfair termination
- Severance pay of Kshs 40,000
- Annual leave pay of Kshs 36,923
- Costs to the Claimant
- Interest allowed at court rate
Authorities cited
Legislation (1)
- Employment Act
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.
Loading judgment…