Can an employer win an appeal for unlawful termination on account of redundancy?

Business Law
Business Law
Can an employer win an appeal for unlawful termination on account of redundancy?
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In today’s episode, we discuss when a business can legally terminate an employee’s contract on grounds of redundancy, similar to the recent case of 3 G4S employees.

On May 4, 2021, it was reported that 3 former employees of G4S had won an unfair termination case against the company. The employees had argued that their termination on grounds of redundancy was not procedural, was illegal and unlawful. They asked for 12 months compensation for unlawful termination among other payments.

The employer had testified that they had held meetings in which they discussed redundancy. They also gave notice to the labour office which was received as is required by the law and paid redundancy payment in full. The court found in favour of the employees and ruled that the redundancy was not procedural and awarded 10 months compensation damages for unfair redundancy, unlawful termination, the salary of failure to give notice and cost of the petition.

Link to the story:

https://justicetoday.co.ke/2021/05/04/g4s-compelled-to-pay-three-former-employees-over-unlawful-termination/###

Research by Maurine Kerich (maurine@swalanyeti.org)

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