Mwikali v Flame Tree Africa Limited (Cause E6-7 of 2021) [2025] KEELRC 1809 (KLR) (19 June 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1809
- Citation
- [2025] KEELRC 1809 (KLR)
- Decided
- 19 June 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trialCoramHS WASILWA
Holding
Redundancy was unfair and unjustified
Facts
Claimant was transferred to Respondent to facilitate issuance of work permit for Finance Manager. She became acting Finance Manager and was later asked to train a new Accounts Manager. She took emergency leave and was subsequently terminated without proper notice and redundancy procedures.
Issues
- Unfair termination
- Procedural fairness
- Redundancy procedures
Reasoning
The court found no due process and awarded compensation for unfair redundancy, outstanding leave, and ordered return of personal effects.
Outcome
Claimant awarded 8 months' salary, 23 days leave, and ordered return of personal effects
Orders
- Award 8 months' salary as compensation for unfair redundancy
- Award 23 days leave outstanding
- Order respondent to return personal effects
- Respondent to pay costs and interest
Remedies
- Compensation for unfair redundancy
- Outstanding leave
- Return of personal effects
Authorities cited
Legislation (1)
- Employment Act 2007
Cases cited (1)
- Kenya Airways Ltd vs Aviation and allied Workers union Kenya & 3 Others (2014) KCA 404 (KLR)
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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