[2022] KEELRC 833 (KLR)

[2022] KEELRC 833 (KLR)

The court found that although the Respondent had a justifiable reason to terminate the Claimants' employment due to their involvement in work interruptions, the dismissal was procedurally unfair. The Respondent failed to comply with Section 41 of the Employment Act, as there was no evidence of a proper disciplinary...

Source-derived case information.

Citation
[2022] KEELRC 833 (KLR)
Parties
Claimant: Evans Zimbaso Indege; Claimant: Daniel Wanyonyi Kundu; Claimant: Timothy Ogato; Claimant: Stephen Kivuva; Claimant: Emma Ndinda Maondo; Claimant: Jackline Nthoki Musau; Claimant: Eric Ombwanyi Angwenyi; Claimant: Paul Mutai; Respondent: Africa Apparels (EPZ) Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 2507 of 2016
Procedural Posture
Employment Cause / Judgment
Outcome
Judgment for the Claimants (except the 5th Claimant) for one month's salary in lieu of notice and one month's salary as compensation for unfair dismissal, with costs and interest.
Judges
JK Gakeri
Legal Topics
Unfair Termination, Summary Dismissal, Procedural Fairness, Employment Contracts, Compensation for Dismissal
Source Language
en
Employment and Labour Unfair Termination Summary Dismissal Procedural Fairness Employment Contracts Compensation for Dismissal

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Parties

Evans Zimbaso Indege

Claimant

Daniel Wanyonyi Kundu

Claimant

Timothy Ogato

Claimant

Stephen Kivuva

Claimant

Emma Ndinda Maondo

Claimant

Jackline Nthoki Musau

Claimant

Eric Ombwanyi Angwenyi

Claimant

Paul Mutai

Claimant

Africa Apparels (EPZ) Limited

Respondent

Procedural Posture

Employment Cause / Judgment

  1. 1 Whether the clearance certificates executed by the Claimants discharged the Respondent from further liability.
  2. 2 Whether the Claimants' summary dismissal was unfair and/or unlawful.
  3. 3 Whether the Claimants are entitled to the reliefs sought.

Ratio Decidendi

The court found that although the Respondent had a justifiable reason to terminate the Claimants' employment due to their involvement in work interruptions, the dismissal was procedurally unfair. The Respondent failed to comply with Section 41 of the Employment Act, as there was no evidence of a proper disciplinary process, notice, or hearing. The clearance certificates signed by the Claimants did not amount to a waiver of their rights to pursue further claims, as they were executed only for payment of February salary and without full disclosure or tabulation of entitlements. Consequently, the Claimants were entitled to compensation for unfair dismissal and payment in lieu of notice, but...

Court Disposition

Judgment for the Claimants (except the 5th Claimant) for one month's salary in lieu of notice and one month's salary as compensation for unfair dismissal, with costs and interest.

Orders

  • The Claimants except the 5th Claimant are awarded one (1) month’s salary in lieu of notice.
  • The Claimants except the 5th Claimant are awarded the equivalent of one (1) month’s salary as compensation for unfair dismissal.