[2022] KEELRC 4039 (KLR)
The court found that the claimant was employed by the respondent under a contract that was renewed and extended beyond its original term. The respondent terminated the claimant's employment without providing any valid reason or subjecting him to a disciplinary process. There was no evidence of misconduct or any...
Source-derived case information.
- Citation
- [2022] KEELRC 4039 (KLR)
- Parties
- Applicant: Joseph Maina Kimuu; Respondent: Allied East Africa Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2621 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed in part; termination declared unfair; monetary and non-monetary remedies awarded to claimant.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Employment Contracts, Remedies for Wrongful Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Maina Kimuu
Applicant
Allied East Africa Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's termination was unfair under Kenyan employment law.
- 2 Whether the claimant was entitled to compensation and other terminal dues.
Ratio Decidendi
The court found that the claimant was employed by the respondent under a contract that was renewed and extended beyond its original term. The respondent terminated the claimant's employment without providing any valid reason or subjecting him to a disciplinary process. There was no evidence of misconduct or any allegations against the claimant, nor was there any letter to show cause or disciplinary hearing. The respondent did not attend court to contest the claim or provide any evidence. The court held that the termination was unfair as it contravened the mandatory provisions of the Employment Act regarding fair termination procedures. The court awarded the claimant compensation...
Court Disposition
Claim allowed in part; termination declared unfair; monetary and non-monetary remedies awarded to claimant.
Orders
- Declaration that termination was unfair.
- Respondent to pay claimant 6 ½ months’ salary in compensation for unfair termination at Kshs. 150,000.
Full Case Text
Judgment text and source record
25 paragraphs
Kimuu v Allied East Africa Limited (Cause 2621 of 2014) [2022] KEELRC 4039 (KLR) (29 September 2022) (Judgment)
Neutral citation: [2022] KEELRC 4039 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 2621 of 2014
J Rika, J
September 29, 2022
Between
Joseph Maina Kimuu
Claimant
and
Allied East Africa Limited
Respondent
Judgment
1. This Claim proceeded for hearing ex parteon July 7, 2022. The Advocates engaged by the respondent were discharged from the proceedings, and the Hearing Notice served upon the Respondent in person. There was no attendance on the part of the respondent.
2. The claimant restated the contents of his Statement of Claim, which was filed on December 22, 2016. He was employed by the respondent on September 23, 2013 as a Machine Operator. He was under two separate contracts. The last was terminated by the Respondent on November 10, 2015. He states that he was not availed valid reason or reasons, to justify termination. He was not taken through a disciplinary process. He earned a monthly salary of Kshs. 25,000.
3. He prays the court to declare that termination was unfair; award him notice at Kshs. 25,000; annual leave of 3 years at Kshs. 75,000; 10 public holidays at Kshs. 28,846; and compensation equivalent of 12 months’ salary at Kshs. 300,000 – total Kshs. 428,846. He prays for Certificate of Service to issue, cost, interest and any other suitable remedy.
The Court Finds: - 4. The claimant has exhibited a contract document and a renewal of contract document, to establish that he was employed respondent as a Machine Operator, between September 23, 2013 and November 10, 2015, when the respondent terminated his contract.
5. His last contract was for 1 year, beginning September 27, 2014 to September 27, 2015. The claimant was allowed to continue working after the end date. He continued working until November 10, 2015. Having allowed the claimant to continue working after the contractual period, the respondent did not advise him on reason or reasons justifying termination on November 10, 2015.
6. There were no allegations of any nature made against the claimant. There was no letter to show cause. There was no disciplinary hearing. The claimant was simply advised to leave.
7. There is no evidence to contradict the claimant. The court is persuaded that termination was unfair.
8. The claimant worked for about 2 years. He has not justified the prayer for equivalent of 12 months’ salary, in compensation. The court is inclined to award equivalent of 6 ½ months’ salary in compensation for unfair termination at Kshs. 150,000.
9. Other prayers are granted unadulterated, as prayed.
In Sum, It Is Ordered: -a.It is declared that termination was unfair.b.The respondent shall pay to the claimant 6 ½ months’ salary in compensation for unfair termination at Kshs. 150,000; notice at Kshs. 25,000; annual leave at Kshs. 75,000; and public holidays at Kshs. 28,846 – total Kshs. 278,846. c.Certificate of Service to issue.d.Costs to the claimant.e.Interest allowed at court rates, from the date of Judgment till payment is satisfied in full.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 29TH DAY OF SEPTEMBER 2022. JAMES RIKAJUDGE