Ndua v Demand Solutions Limited (Cause E398 of 2020) [2024] KEELRC 2406 (KLR) (3 October 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2406
- Citation
- [2024] KEELRC 2406 (KLR)
- Decided
- 3 October 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeWrongful and Unfair DismissalPostureClaimant's case against Respondent for wrongful and unfair dismissal
Holding
The termination was not lawful and fair, and the Claimant is entitled to certain remedies.
Facts
Claimant was employed by Respondent as Commercial Director from March 2019, with a monthly salary of Kshs. 200,000. She claimed unpaid salaries and termination due to redundancy.
Issues
- Whether the termination of the Claimant’s employment was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The termination was due to redundancy, but the Respondent failed to comply with the Employment Act's redundancy notice requirements.
Outcome
Claimant's case successful
Remedies
- Salary arrears for April-September 2019
- 1 month's salary in lieu of notice
- 12 months' salary in compensation
- Severance pay for 6 months
- General and aggravated damages
- Certificate of service
- Unremitted PAYE, NSSF and NHIF dues
- Costs plus interest
Authorities cited
Legislation (1)
- Employment Act of Kenya (2007; reviewed in 2012)
Cases cited (1)
- Thomas De La Rue (K) Ltd v David Opondo Omutelema [2013] 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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