Nzyuko v Africa Apparels EPZ Limited (Cause 645 of 2018) [2023] KEELRC 652 (KLR) (10 March 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 652
- Citation
- [2023] KEELRC 652 (KLR)
- Decided
- 10 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from the original trialCoramBYRAM ONGAYA
Holding
The court held that the termination was unfair and unlawful due to lack of procedural fairness and ordered the respondent to pay the claimant compensation and deliver his service certificate.
Facts
The claimant Alfred Wambua Nzyuko was employed by the respondent Africa Apparels EPZ Limited as a Rivet M Operator with a monthly salary and house allowance. He served on successive fixed-term contracts until February 6, 2017, when he was terminated due to redundancy.
Issues
- Whether the termination was fair and lawful
- The amount of compensation due to the claimant
Reasoning
The court found the termination abrupt and without notice, and that another employee was engaged in the claimant's place, making the reason for termination not genuine.
Outcome
In favor of the claimant
Orders
- A declaration that the termination was unfair and unlawful
- Payment of Kshs 46, 282.50 (less PAYE) plus Kshs 10, 000.00 in costs by May 2, 2023
- Delivery of the claimant's service certificate within 7 days
Remedies
- Compensation
- Service certificate
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…