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Chogo v Kamongo Waste Paper (Kenya) Ltd (Employment and Labour Relations Petition E103 of 2023) [2024] KEELRC 2494 (KLR) (11 October 2024) (Judgment)

[2024] KEELRC 2494 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2494
Citation
[2024] KEELRC 2494 (KLR)
Decided
11 October 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations PetitionPosturePetition grantedCoramAN MWAURE
Holding

The termination was unlawful and unfair.

Facts

Petitioner was employed by Respondent from 1992 and was terminated on account of redundancy on 23/05/2023.

Issues

  1. whether the termination of the Petitioner's employment on account of redundancy was unlawful and unfair

Reasoning

The Court found that the Respondent did not comply with the Employment Act provisions for termination on account of redundancy, including the requirement for consultation and notification.

Outcome

Petition granted

Orders

  • Judgment delivered virtually due to pandemic restrictions

Authorities cited

Legislation (1)
  • Employment Act
Cases cited (2)
  • Kenya Airways Limited v Aviation & Allied Workers Union Kenya & 3 others Nairobi Civil Appeal No. 46 of 2013 (2014) eKLR
  • Cargill Kenya Limited v Mwaka & 3 others (Civil Appeal 54 of 2019) [2021] KECA 115 (KLR) (2021)
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.
Full judgment 0.2 MB · PDF

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