Tamarindi Management Limited v Gatheru (Employment and Labour Relations Appeal E021 of 2023) [2025] KEELRC 2110 (KLR) (18 July 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2110
- Citation
- [2025] KEELRC 2110 (KLR)
- Decided
- 18 July 2025
Summary at a glance
TypeAppealPostureAppeal from a judgment of Chief Magistrate A.G.KibiruCoramON MAKAU
The court held that the termination was unlawful because the right procedure for redundancy was not followed.
Facts
The appellant, Tamarindi Management Limited, terminated the respondent, Elijah Gichuki Gatheru's employment contract on June 4, 2020, citing frustration due to the Covid-19 pandemic. The respondent filed a suit alleging unlawful termination on grounds of redundancy.
Issues
- Whether the separation was through redundancy or frustration.
- If redundancy, whether it was unlawfully done.
- Whether the awards by the trial court should stand.
- Who pays the costs of the appeal.
Reasoning
The court defined redundancy as a deliberate managerial decision to keep the business afloat or profitable, and the employee not at fault. Frustration, on the other hand, is a spontaneous occurrence without fault.
Outcome
The court upheld the trial court's judgment and awarded damages, severance pay, unpaid house allowance, and one-month salary in lieu of notice.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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