[2020] KEELRC 1234 (KLR)

[2020] KEELRC 1234 (KLR)

The court found that while the respondent alleged desertion and misconduct as grounds for summary dismissal, there was no documentary evidence produced to support the invocation of summary dismissal procedures, such as a dismissal letter or formal notice. The court emphasized that for an employer to benefit from the...

Source-derived case information.

Citation
[2020] KEELRC 1234 (KLR)
Parties
Claimant: Alfred Kinyua Njiru; Respondent: Abdi Farah Osman
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nyeri
Jurisdiction
Kenya
Case Number
Cause 166 of 2018
Procedural Posture
Employment Claim / Judgment
Outcome
Claim partly allowed for the claimant.
Judges
AN Makau
Legal Topics
Unfair Termination, Summary Dismissal, Desertion of Duty, Procedural Fairness, Compensation for Dismissal
Source Language
en
Employment and Labour Unfair Termination Summary Dismissal Desertion of Duty Procedural Fairness Compensation for Dismissal

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Summary, issues, holding and outcome

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Parties

Alfred Kinyua Njiru

Claimant

Abdi Farah Osman

Respondent

Procedural Posture

Employment Claim / Judgment

Legal Issues

  1. 1 Whether the claimant's termination was unfair, unprocedural, and unlawful.
  2. 2 Whether the respondent followed due process in terminating the claimant's employment.
  3. 3 Whether the claimant is entitled to compensation and other reliefs sought.

Ratio Decidendi

The court found that while the respondent alleged desertion and misconduct as grounds for summary dismissal, there was no documentary evidence produced to support the invocation of summary dismissal procedures, such as a dismissal letter or formal notice. The court emphasized that for an employer to benefit from the protections of Section 44(4) of the Employment Act, there must be clear evidence of the invocation of summary dismissal, typically through written communication. The respondent failed to provide such evidence, and the court could not ascertain the exact date or circumstances of dismissal. As a result, the court held that the termination was procedurally unfair and unlawful....

Court Disposition

Claim partly allowed for the claimant.

Orders

  • Respondent to pay claimant one month’s salary in lieu of notice (Kshs. 14,000).
  • Respondent to pay claimant two months’ salary as compensation (Kshs. 28,000).