Omanyo v Chebett & 2 others (Sued as the Office Bearers of, and on Behalf of, and, as Officials of East Africa Petroleum Transporters Association (EAPTA)) (Cause E886 of 2022) [2023] KEELRC 3022 (KLR) (27 November 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3022
- Citation
- [2023] KEELRC 3022 (KLR)
- Decided
- 27 November 2023
Summary at a glance
TypeUnfair TerminationPostureClaimant vs. Respondents (Office Bearers of EAPTA)CoramJK GAKERI, Maraga, Mbaru, Murgor
The court finds that the termination was unfair due to lack of substantively justifiable cause and fair procedure.
Facts
Claimant was employed by EAPTA as Chief Executive Officer from January 2019 to February 2023. He was terminated on February 28, 2023, without salary payment for 9 months. Claimant alleges unfair termination due to non-payment of salary and false allegations.
Issues
- Whether termination of employment on account of redundancy was unfair
- Whether the Claimant handed over his duties to the Respondents
Reasoning
The court held that the termination was unfair as the Respondents did not comply with the statutory requirements for redundancy termination, including proper notice and consultation.
Outcome
The court found in favor of the Claimant.
Remedies
- 120 leave days earned but not taken
- Severance pay for 4 years
- Salary in lieu of notice
- 12 months compensation
- Certificate of service
Authorities cited
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