Mutua & 9 others v Gokal Trading Kenya Limited (Cause E115 of 2023) [2024] KEELRC 425 (KLR) (29 February 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 425
- Citation
- [2024] KEELRC 425 (KLR)
- Decided
- 29 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from an original trialCoramM MBARŨ, J
Holding
The court finds the claims justifiable and awards compensation, salary arrears, notice pay, severance pay, annual leave pay, and a certificate of service.
Facts
The claimants were employed by the respondent until October 3, 2023, when their employment was terminated without notice. The claimants alleged unfair dismissal and sought terminal dues.
Issues
- Unfair termination of employment
- Notice pay
- Salary arrears
- Severance pay
- Annual leave pay
- Certificate of service
Reasoning
The court held that the closure of the office without notice and payment of terminal dues was unfair, and the claimants are entitled to compensation and severance pay.
Outcome
In favor of the claimants
Orders
- Notice pay at one-month gross salary
- Salary arrears for 9 months worked
- Severance pay for 15 days for years worked
- Annual leave pay total due
- Certificate of Service
Remedies
- Compensation for unfair and unlawful termination
- Salary arrears for 9 months worked
- Notice pay in lieu of
- Severance pay for 15 days for years worked
- Annual leave not taken
Authorities cited
Legislation (2)
- Employment Act, 2007
- Procedure Rules, 2016
Cases cited (2)
- Janet Kaphiphe Ouma & another v Marie Stopes International (Kenya) HCCC No.68 of 2007
- John Kebaso Mose v Uchumi Supermarket Cause No.43 of 2017 (Kericho)
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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