Abere v Mini Bakeries (Nairobi) Limited (Cause E004 of 2024) [2024] KEELRC 2207 (KLR)
The bottom line
#A Kenyan court ruled a redundancy unfair because the employer's notice took effect immediately instead of one month later, as the law requires.
What this practically means
#Executive summary
#Key legal issues
#Whether the redundancy amounted to unfair termination
Termination by redundancy was unfair solely because the redundancy notice did not comply with the mandatory one-month notice period of Section 40 and it was not shown the labour officer received notice
The notice dated 31st May 2022 took effect on 4th June 2022, immediately rather than one month later as envisaged. The Respondent's explanation of a typographical error did not cure this. No proof of notice to the labour officer was adduced. However, consultation took place per the minutes of 3rd June 2022, and since the Claimant alone occupied the abolished position, no selection criteria issue arose. Unfairness was thus founded purely on improper notice.
Whether the Claimant was entitled to 12 months' compensation and constitutional damages
Only two months' salary compensation awarded under Sections 49 and 50; discrimination and other constitutional claims dismissed for want of proof
The court weighed the Respondent's substantial compliance (3 months' pay in lieu of notice, 17 days' severance per year, leave pay) against the procedural defect, and guided by proportionality principles awarded two months' salary. The discrimination claim failed because the Claimant was the sole employee in the technical department and no basis for discrimination was pleaded or proved; the unfair labour practice, fair administrative action and legitimate expectation claims likewise failed for want of evidence.
Legal principles established
#- The notice requirements under Section 40 of the Employment Act are mandatory; a redundancy notice taking effect immediately rather than one month later renders the termination unfair on procedure
- It is the employer's sole responsibility to comply with Section 40, including proof of notice to the labour officer
- Where an employee is alone in the abolished department, the selection criteria on seniority, skill, ability and reliability do not arise against the employer
- Remedies for unfair termination are compensatory and proportionate, not enriching
Court orders
#- 1.A declaration that the Claimant's termination on account of redundancy is unfair
- 2.An order that the Claimant be paid two months' salary for the unfair termination at Kshs. 220,000/-
- 3.The Claimant is awarded half the costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act and Article 41 of the Constitution (first-instance claim)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Registered Trustees of Jesse Kay Children’s Hospital v Njagi (Appeal E237 of 2023) [2025] KEELRC 670 (KLR)[2025] KEELRC 670 (KLR)28 Feb 2025
Cite this brief
#Cite this brief
Caselaw, "Abere v Mini Bakeries (Nairobi) Limited (Cause E004 of 2024) [2024] KEELRC 2207 (KLR)", Case Analysis (2024). Cause No E004 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2207/eng@2024-09-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.