Havens v Proto Enegry Limited (Cause E769 of 2024) [2025] KEELRC 3626 (KLR) (15 December 2025) (Judgment)

Facts

The claimant, Kathryn Havens, was terminated by the respondent, Proto Energy Limited, on May 9, 2024, due to alleged redundancy. However, the termination was not in compliance with the Employment Act's redundancy procedures.

Issues

1. Whether the termination was lawful despite non-compliance with redundancy notice procedures.
2. Whether a mutual separation agreement was finalized after termination.
3. Whether the claimant was entitled to full salary until retirement or until the end of the fixed term contract.
4. Whether constitutional reliefs should be granted when grievances can be redressed through the Employment Act.

Reasoning

The court found that the termination was irregular and unlawful because the respondent did not comply with the mandatory procedures of a redundancy notice under section 40 of the Employment Act. The court also noted that the parties continued to negotiate terms after the termination notice was issued, indicating no mutual agreement.

Outcome

The respondent was found to have unlawfully terminated the claimant's contract.

Authorities cited