JUDGMENT OF THE COURT
The appellant (hereinafter 'the Company') is an air charter company registered and operating in Kenya, though it appears to have Canadian parentage. It complains about an order made by the Industrial Court (Nderi Nduma, J.) on 4th February, 2014 for payment of Sh.2,794,364 to its employee, Theuri Munyi (Munyi) who had been declared redundant.
The salient facts may be briefly stated:
On 24th January 2007, the company employed Munyi as its Chief Accountant at a net monthly salary of Sh.300,000 amongst other terms. On 1st June, 2007, he was promoted to Finance Director at a monthly salary of Sh.495,609. Barely a year later things started going south for the company as it was not making money due to the instability in South Sudan, its main area of operation. In April 2008, the management committee of Heads of Departments (HODs) of the company led by Munyi were tasked with exploring proposals for cost cutting measures for the company to remain in business. They proposed…