Kenya Union of Domestic Hotels Educational Institutions Hospitals and Allied Workers v Sucham Investment Limited t/a Amani Tiwi Beach Resort (Cause E032 of 2023) [2026] KEELRC 213 (KLR) (29 January 2026) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 213
- Citation
- [2026] KEELRC 213 (KLR)
- Decided
- 29 January 2026
Summary at a glance
TypeLabor DisputePostureAppeal from a partial consent agreementCoramM MBARŨ
The court finds that the declaration of redundancy was unlawful due to a lack of due process, leading to the unfair termination of employment for the grievants.
Facts
The claimant, a registered trade union, represents unionized employees of the respondent, a hospitality business. The grievants were declared redundant due to the COVID-19 pandemic, leading to the unfair termination of their employment.
Issues
- Due process in declaring redundancy
- Unfair termination of employment
Reasoning
The court emphasizes that despite the pandemic, the employer must follow due process as required by the Employment Act. The court directs the payment of terminal dues based on the County Labour Officer's report.
Outcome
The court orders the payment of terminal dues to the grievants as per the County Labour Officer's report.
Orders
- Payment of terminal dues to the grievants as per the County Labour Officer's report
Authorities cited
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