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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT MOMBASA
EMPLOYMENT CAUSE NO [reference]
[CLAIMANT] v [RESPONDENT]
WRITTEN SUBMISSIONS
1. The issue is whether the employer proved a lawful and fair redundancy process, not whether the Court should choose a different business model. The outsourcing explanation must be assessed alongside the actual notice, consultation and employment records.
2. Section 40 addresses the required notifications and payments. Intended-redundancy notice to the appropriate recipients and individual termination notice or pay are distinct. The Court should compare the actual content and service dates, not treat every notice defect as cured by final payroll.
3. The source employer produced no work record supporting asserted consultation. The Court found procedural unfairness under section 45. The single-post situation does not establish that all fairness obligations disappear; nor does an unsupported retaliation allegation become proved automatically.
4. Compensation requires the section 49 factors and the circumstances, including the employer efforts to settle terminal dues. The source awarded KES 90,000, one month salary, rather than the twelve months sought. Outstanding dues require reconciliation against amounts made available or received.
5. The Claimant requests a reasoned declaration, justified compensation, proved remaining dues and certificate directions. Each remedy must be stated separately with credits. The reported costs order was each party bearing its costs; it does not create an automatic entitlement to all pleaded sums.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected person and address].
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Identify pleaded issues, admitted evidence and genuine record pages. Follow directions on length, authorities, filing and service. Submissions do not introduce exhibits or cure missing substantive prayers. Distinguish what a party sought from what the Court ordered, and an unsuccessful historical position from the actual holding. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
An HR manager earning KES 90,000 monthly was dismissed on redundancy grounds in July 2024 after returning from leave. The employer relied on outsourcing of the single HR post and tabulated terminal dues, but produced no work records supporting the claimed consultation process.
The Court found procedural unfairness and awarded one month salary, KES 90,000, as compensation. The employee was directed to collect the tabulated terminal dues and complete clearance for the service certificate. Each party bore its costs; the twelve-month compensation demand was not awarded.
Employment Act sections 40, 45 and 49 require analysis of the actual redundancy procedure and evidence. Notice of intended redundancy and individual termination notice or pay serve distinct purposes. Gross terminal dues of KES 206,157 and the employer submitted net figure of KES 146,341 are not automatically all added to compensation as unpaid judgment debt.
Read the original reported decision: [2026] KEELRC 1449 (KLR) — 28 May 2026
The original decision may identify participants. The specimen replaces their identifying details. The reproduced primary judicial text, Mombasa court heading, reasons and operative orders were checked. Source contradictions and unsuccessful positions are identified. These are newly drafted educational specimens, not original pleadings or matters handled by our team. No genuine exhibits, signatures, subsequent-order assurance or licensed-advocate review is claimed. Check the authentic file, current law and directions before use.
Related law and procedural rules
Constitution of Kenya · Employment Act · Employment and Labour Relations Court Act · Evidence Act
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