Muthiani & 4 others v Salvation Army Kenya East Territory (Employment and Labour Relations Cause E712 of 2022) [2025] KEELRC 574 (KLR) (26 February 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 574
- Citation
- [2025] KEELRC 574 (KLR)
- Decided
- 26 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramHS WASILWA
Holding
The Claimants are entitled to six months' salary arrears and three months' salary as compensation for unfair treatment.
Facts
The Claimants were employees of the Respondent, a Non-Governmental Organization, who were placed on an unpaid break and later terminated without pay or notice. They were involved in the SIMBA Project and were led to believe they would be rehired for the next phase.
Issues
- Unpaid salary arrears
- Unfair termination
- Disciplinary hearing
Reasoning
The court found that the Claimants were engaged in work without pay during the unpaid break and were unfairly and summarily terminated.
Outcome
Judgment in favor of the Claimants
Orders
- Claimants to be paid six months' salary arrears
- Claimants to be paid three months' salary as compensation
- Claimants to be issued with a certificate of service
- Respondent to pay costs and interest
Remedies
- Salary arrears
- Compensation for unfair treatment
Authorities cited
Legislation (2)
- Employment Act, 2007
- Constitution of Kenya, 2010
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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