[2021] KEELRC 906 (KLR)

[2021] KEELRC 906 (KLR)

The court found that the Claimant was a permanent employee of the Respondent from 14th June 2010 to 4th May 2016, earning a monthly salary of Kshs.19,788. The Respondent failed to enter appearance or challenge the claim, and the evidence established that the Claimant was sent on compulsory unpaid leave without notice or hearing, which is not a lawful mode of termination under Kenyan law. The court held that the termination was unprocedural, unfair, and unlawful, offending Sections 35, 41, 45, 46, 47, and 48 of the Employment Act. The Claimant was entitled to compensation for unlawful termination (three months' salary), unpaid salary for four days worked in May 2016, one month's salary in...

Citation
[2021] KEELRC 906 (KLR)
Parties
Claimant: Eric Kibutu; Respondent: Associated Constructions Company (Kenya) Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Judgment Date
1 September 2021
Case Number
Cause 2108 of 2016
Procedural Posture
Employment Cause / Judgment
Outcome
Claim allowed. Judgment for the Claimant.
Judges
DN Nderitu
Legal Topics
Unfair Termination, Procedural Fairness, Compensation for Termination, House Allowance, Leave Entitlement
Source Language
English
Employment and Labour Unfair Termination Procedural Fairness Compensation for Termination House Allowance Leave Entitlement

Case Brief

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Parties

Eric Kibutu

Claimant

Associated Constructions Company (Kenya) Limited

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Was the Claimant in the employment of the Respondent?
  2. 2 What were the terms of employment between the parties?
  3. 3 Was the termination of the Claimant's employment procedural, fair, and lawful?

Ratio Decidendi

The court found that the Claimant was a permanent employee of the Respondent from 14th June 2010 to 4th May 2016, earning a monthly salary of Kshs.19,788. The Respondent failed to enter appearance or challenge the claim, and the evidence established that the Claimant was sent on compulsory unpaid leave without notice or hearing, which is not a lawful mode of termination under Kenyan law. The court held that the termination was unprocedural, unfair, and unlawful, offending Sections 35, 41, 45, 46, 47, and 48 of the Employment Act. The Claimant was entitled to compensation for unlawful termination (three months' salary), unpaid salary for four days worked in May 2016, one month's salary in...

Court Disposition

Claim allowed. Judgment for the Claimant.

Orders

  • A declaration is issued that the termination of the Claimant's employment was unfair, unprocedural, and unlawful.
  • Compensation for unlawful termination awarded at Kshs.59,364 (three months' salary).