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Steel Makers Limited v. Joshua Nzuki

(2016) JELR 93952 (CA)

Court of Appeal  •  Civil Appeal 82 of 2015  •  15 Jul 2016  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



For close to 27 years, the respondent was the appellant’s employee, but that changed suddenly on 23rd August, 2013, when he was retired from employment. That retirement forms the heart of the dispute between the parties to this appeal. It is common ground however, that at the time of retirement, the respondent was 60 plus years of age. Nonetheless, he felt that the retirement was un-procedural and contrary to the appellant’s laid down practices as he was not due for retirement and neither was he given notice of it nor paid one month’s salary in lieu of notice. In addition, upon being retired, he was never paid his gratuity and retirement benefits. In his view therefore, this constituted unfair termination, thus prompting him to lodge a claim against the appellant in the Industrial Court (now the Employment and Labour Relations Court.) He particularized his claim as follows:-

A further (sic) one month pay in lieu of notice Kshs. 43, 367/=

Gratuity pay for 12 years


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