Shikuku v Borderless Tracking Limited (Cause 537 of 2019) [2023] KEELRC 2735 (KLR) (3 November 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2735
- Citation
- [2023] KEELRC 2735 (KLR)
- Decided
- 3 November 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeUnfair and Unlawful DismissalPostureAppeal from an original trial decisionCoramBYRAM ONGAYA
Holding
The Court finds the termination unfair and unlawful, and the withholding of terminal dues unlawful, illegal, and void ab initio. The claimant is awarded compensation and other remedies.
Facts
Violet Shikuku was employed by Borderless Tracking Limited as a senior accountant. She was terminated on the grounds of downsizing due to economic hardship. She claimed unfair dismissal and sought compensation.
Issues
- Unfair dismissal
- Downsizing as a valid reason for termination
- Failure to follow due process
- Withholding of terminal dues
Reasoning
The Court found that the termination was not in accordance with the Employment Act, particularly regarding the notice period and consultation with the employee. The claimant was denied a month's notice and was not consulted, which is a violation of the law.
Outcome
Judgment in favor of the claimant
Orders
- Declaration of unfair and unlawful dismissal
- Declaration of unlawful withholding of terminal dues
- Payment of compensation
- Delivery of certificate of service
- Award of costs
Remedies
- Declaration of unfair dismissal
- Compensation for 3 months' salary
- Payment of 7 days' salary
- One month's salary in lieu of notice
- Certificate of service
Authorities cited
Legislation (6)
- Employment Act
- Section 40 of the Employment Act
- Section 43 of the Employment Act
- Section 45 of the Employment Act
- Section 49 of the Employment Act
- Section 28 of the 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.
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