[2018] KEELRC 360 (KLR)

[2018] KEELRC 360 (KLR)

The court found that the termination of the claimant's employment on account of ill health was procedurally unfair because the respondent failed to comply with section 41 of the Employment Act, 2007, which mandates notice and a hearing before such termination. Although the respondent had paid the claimant's salary...

Source-derived case information.

Citation
[2018] KEELRC 360 (KLR)
Parties
Claimant: Ben Shichenga Shichana; Respondent: Kimfay E.A Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 997 of 2018
Procedural Posture
Employment Cause / Judgment
Outcome
Judgment for the claimant in part.
Judges
B Ongaya
Legal Topics
Unfair Termination, Termination on Ill Health, Compensation for Unfair Dismissal, Notice and Hearing Requirements, Limitation of Actions, Work Injury Benefits
Source Language
en
Employment and Labour Unfair Termination Termination on Ill Health Compensation for Unfair Dismissal Notice and Hearing Requirements Limitation of Actions Work Injury Benefits

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ben Shichenga Shichana

Claimant

Kimfay E.A Limited

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the termination of the claimant's employment on account of ill health was unfair.
  2. 2 Whether the claimant is entitled to compensation and other remedies as prayed for, including salary, notice pay, leave, house allowance, service pay, and WIBA compensation.

Ratio Decidendi

The court found that the termination of the claimant's employment on account of ill health was procedurally unfair because the respondent failed to comply with section 41 of the Employment Act, 2007, which mandates notice and a hearing before such termination. Although the respondent had paid the claimant's salary and medical bills for over two years following a work-related injury, and the claimant had signed a final settlement, the lack of procedural fairness rendered the termination unfair. The court exercised its discretion under section 49 of the Act to award six months' salary as compensation for unfair termination, considering the mitigating factors of continued salary and medical...

Court Disposition

Judgment for the claimant in part.

Orders

  • Declaration that the termination of the contract of service on account of ill-health was unfair.
  • Respondent to pay the claimant Kshs. 70,428.10 by 31.12.2018, failing which interest accrues at court rates from the date of judgment until full payment.