United Millers Limited v Mugo (Appeal E078 of 2024) [2025] KEELRC 1883 (KLR) (27 June 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1883
- Citation
- [2025] KEELRC 1883 (KLR)
- Decided
- 27 June 2025
Summary at a glance
TypeAppealPostureAppeal from the Judgment of the Hon. Chief Magistrate Priscah Wamucii Nyota, dated 6th November 2024, in Nakuru C.M.E.L.R.C Cause Numbr E290 of 2023CoramJAMES RIKA
The Court held that the Trial Court did not err in its evaluation of evidence and application of Section 40[1][c] of the Employment Act; there was no evidence presented by the Appellant establishing that its plant was shut down.
Facts
James Gichuki Mugo was an Employee of United Millers Limited whose contract was terminated on account of redundancy. He worked as a Machine Attendant and filed a claim for unfair and unlawful redundancy, which was granted equivalent of 6 months' salary in compensation.
Issues
- Whether the Trial Court erred in finding that the requirement under Section 40[1][c] of the Employment Act was not satisfied.
- Whether the Appellant closed down its operations at Nakuru Renery and there was no requirement to apply the selection criteria under Section 40[1][c] of the Employment Act.
Reasoning
The Court found that the scaling down of operations, commenced in August 2021, suggested there remained a skeleton manpower. Operations were not shown to have closed down altogether when the Appellant notified the Employees about redundancy in October 2021.
Outcome
The Appeal is declined on the same grounds given by the Court in Appeal No. E076 of 2024.
Orders
- The Appeal is declined on the same grounds given by the Court in Appeal No. E076 of 2024.
- Costs to the Respondent.
Authorities cited
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