[2021] KEELRC 2241 (KLR)

[2021] KEELRC 2241 (KLR)

The court found that the respondent's actions and payment of severance pay indicated an intention to declare the claimant redundant, but the statutory procedure for redundancy under Section 40 of the Employment Act was not followed. Alternatively, if the termination was for misconduct or loss of confidence, the...

Source-derived case information.

Citation
[2021] KEELRC 2241 (KLR)
Parties
Claimant: Phylis Wangari Nganga; Respondent: Intra Africa Assurance Company Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 1066 of 2018
Procedural Posture
Employment Cause / Judgment
Outcome
Claim partly allowed. Termination declared unfair and unlawful. Compensation for unfair termination awarded. Other monetary claims dismissed as already paid.
Judges
DO Ogal
Legal Topics
Unfair Termination, Redundancy Procedure, Severance Pay, Procedural Fairness, Employment Contracts, Compensation for Unlawful Dismissal
Source Language
en
Employment and Labour Unfair Termination Redundancy Procedure Severance Pay Procedural Fairness Employment Contracts Compensation for Unlawful Dismissal

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Parties

Phylis Wangari Nganga

Claimant

Intra Africa Assurance Company Limited

Respondent

Procedural Posture

Employment Cause / Judgment

  1. 1 Whether the claimant's termination was by way of redundancy or for misconduct.
  2. 2 Whether the termination of the claimant's employment was valid and lawful under the Employment Act.
  3. 3 Whether the claimant is entitled to the reliefs sought, including compensation and terminal dues.

Ratio Decidendi

The court found that the respondent's actions and payment of severance pay indicated an intention to declare the claimant redundant, but the statutory procedure for redundancy under Section 40 of the Employment Act was not followed. Alternatively, if the termination was for misconduct or loss of confidence, the respondent failed to provide valid reasons and did not comply with the procedural requirements of Sections 41 and 43 of the Act. The respondent did not furnish evidence of a fair hearing or adherence to internal disciplinary processes. The claimant's performance appraisals indicated satisfactory service, and there was no substantiated evidence of poor performance. The court...

Court Disposition

Claim partly allowed. Termination declared unfair and unlawful. Compensation for unfair termination awarded. Other monetary claims dismissed as already paid.

Orders

  • The respondent shall pay the claimant compensation for unfair termination equivalent to eight months' salary (Kshs.338,016.00).
  • The respondent shall issue the claimant with a certificate of service as required by law.