Bakery, Confectionery, Food Manufacturing & Allied Workers Union [K] v Sameer Agriculture and Livestock Limited & another (Cause 149 of 2018) [2025] KEELRC 191 (KLR) (31 January 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 191
- Citation
- [2025] KEELRC 191 (KLR)
- Decided
- 31 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from the original trialCoramJames Rika
Holding
The Court declared the termination of the Grievant's employment unfair and unlawful, and ordered the 1st Respondent to pay compensation and issue a certificate of service.
Facts
The Grievant, Joseph Mureithi, was recruited as an Invoice Clerk by the 1st Respondent, Sameer Agriculture and Livestock Limited. He was a member of the Claimant, Bakery, Confectionery, Food Manufacturing & Allied Workers Union. The 1st Respondent locked out the Grievant and declared his position redundant, citing lack of work.
Issues
- Unfair termination of employment
- Annual leave entitlement
- Severance pay
Reasoning
The Court found that the 1st Respondent's actions violated the Employment Act, particularly Section 40, which deals with unfair termination and severance pay.
Outcome
In favor of the Grievant
Orders
- Terms and conditions of service with annual leave entitlement
- Severance pay
- Certificate of service
- Costs to the Claimant
Remedies
- Compensation for unfair termination
- Annual leave
- Severance pay
- Certificate of service
Authorities cited
Legislation (1)
- Employment Act
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.
Loading judgment…