Emmanuel v AVC Mangement Co Ltd t/a Mnarani Club (Appeal E006 of 2023) [2024] KEELRC 13638 (KLR) (23 May 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13638
- Citation
- [2024] KEELRC 13638 (KLR)
- Decided
- 23 May 2024
Summary at a glance
TypeAppealPostureAppeal from the judgment of the SPM’s Court Kilifi - Hon. J. B. KitukuCoramAK NZEI, J
The Appellant’s termination was unfair due to the failure to comply with the Employment Act 2007 regarding redundancy notifications and severance pay.
Facts
The Appellant, Jilani MWAMUYE EMMANUEL, was employed as a Barman by the Respondent, AVC MANGEMENT CO LTD T/A MNARANI CLUB, from 2/5/2010. He was declared redundant on 7/10/2020 and terminated on 30/9/2020.
Issues
- whether termination of the Appellant’s employment by the Respondent was unfair
- whether the reliefs sought by the Appellant in the trial Court are deserved
Reasoning
The Court found that the Respondent did not comply with the Employment Act 2007 provisions for redundancy notifications and severance pay, leading to an unfair termination.
Outcome
Affirmed the judgment of the SPM’s Court Kilifi - Hon. J. B. Kituku
Remedies
- A declaration that termination of the Appellant’s employment was unfair, unjust and wrongful
- Four (4) months’ pay in lieu of notice
- Severance pay
- Travelling allowance
- Unpaid salary balance of kshs. 90,999
- Unpaid salary for August -October 2020 (kshs. 90,999)
- Salary arrears for January-October 2020 (kshs. 29,119.68)
- Compensation for unfair termination of employment (kshs. 362,996)
Authorities cited
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