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Marita & 8 others v Bakers Parlour (Maggies Hotel and Bakery Eldoret) (Cause 122 of 2017) [2023] KEELRC 979 (KLR) (28 April 2023) (Judgment)

[2023] KEELRC 979 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
979
Citation
[2023] KEELRC 979 (KLR)
Decided
28 April 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramABUODHA, NJ ABUODHA
Holding

The Court finds that the termination of employment was unfair and awards notice pay, house allowance, leave dues, severance pay, and overtime to the claimants.

Facts

The claimants were terminated from employment on account of redundancy without any compensation or payment of terminal benefits.

Issues

  1. Whether the termination of employment was fair
  2. Whether the claimants are entitled to notice pay, leave dues, severance pay, overtime, and underpayment of wages

Reasoning

The Court found that the conditions for termination on redundancy were not met, and the claimants were not compensated for their termination.

Outcome

The claimants' case was successful.

Orders

  • A declaration that the termination of employment was unfair
  • Awards of notice pay, house allowance, leave dues, severance pay, and overtime to the claimants
  • Issue of a certificate of service to each claimant
  • Award of costs and interest

Remedies

  • Notice pay, house allowance, leave dues, severance pay, and overtime to the claimants
  • Certificate of service
  • Award of costs and interest

Authorities cited

Legislation (1)
  • Employment Act, 2007
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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