D’ Silva v Lordship Africa Fund Management Limited (Employment and Labour Relations Cause E567 of 2020) [2024] KEELRC 2706 (KLR) (4 November 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2706
- Citation
- [2024] KEELRC 2706 (KLR)
- Decided
- 4 November 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureClaimant's appeal against termination of employmentCoramMN NDUMA
Holding
The Court found that the termination was not based on a genuine organizational necessity and that the Respondent did not follow due procedure in declaring the claimant redundant.
Facts
Claimant was employed as an operations manager on a 2-year contract from October 15, 2018, until January 17, 2020. She was dismissed on the grounds of redundancy. The claimant contends the redundancy was not genuine but a scheme to force her out.
Issues
- Whether there were valid grounds for termination of the claimant's employment on the basis of redundancy
- If the answer to (a) is in the affirmative, whether the Respondent followed due procedure in declaring the claimant redundant
- The remedies, if any, the claimant is entitled to
Reasoning
The Court held that the redundancy was not a legitimate ground for termination as it was not based on operational requirements and the Respondent did not provide evidence of due procedure.
Outcome
The claimant's appeal was successful, and the Respondent was ordered to pay compensation and other benefits.
Orders
- Payment of outstanding dues including leave days, severance pay, and unpaid salary
- Payment of medical expenses for the claimant and one dependant
- Payment of bonus for 2019 and 2020
- Payment of compensation for loss of employment
- Payment of damages for loss of employment
- Payment of interest on outstanding dues
- Payment of 12 months compensation for loss of employment
- Payment of 15 days' pay for each completed year of service as severance pay
- Payment of a recommendation letter
Remedies
- Compensation and other benefits
Authorities cited
Legislation (1)
- Employment Act 2007
Cases cited (1)
- Civil Appeal No 46 of 2013 Kenya Airways Limited versus Aviation & Allied Workers Union Kenya and 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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