Adera v Central Organization of Trade Unions (Cause E033 of 2023) [2024] KEELRC 1058 (KLR) (25 April 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1058
- Citation
- [2024] KEELRC 1058 (KLR)
- Decided
- 25 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant seeks damages for unfair termination, including salary arrears and leave days earned but denied.CoramCN BAARI
Holding
The Claimant was unfairly terminated due to the lack of proper redundancy notice and consultation.
Facts
Claimant was terminated by the Respondent on June 21, 2021, without notice or prior consultation. She was initially appointed as Deputy Principal/Registrar and later promoted to Acting Principal. She claims she was unfairly terminated due to the COVID-19 pandemic.
Issues
- Whether the Claimant was unfairly terminated
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The termination was not informed by misconduct and was due to the COVID-19 pandemic, constituting redundancy. The Respondent did not comply with the Employment Act's redundancy notice and consultation requirements.
Outcome
The Claimant is entitled to damages for unfair termination.
Orders
- The Respondent is ordered to pay the Claimant damages for unfair termination in accordance with Sections 49 and 50 of the Employment Act, 2007.
Remedies
- Damages for unfair termination
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (1)
- Kenya Airways Limited v Aviation & Allied Workers Union Kenya & 3 others [2014] eKLR
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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