TRANSPORT & ALLIED WORKERS’ UNION v EXPRESS TRUCKING LTD [2002] KEELRC 22 (KLR)
The bottom line
#Kenya's Industrial Court upheld a truck driver's dismissal for losing cargo, but still ordered the employer to pay him salary arrears, leave dues, notice pay and ex-gratia compensation.
What this practically means
#Executive summary
#Key legal issues
#Justification of the dismissal
The dismissal was justified; the grievant's negligence in failing to account for lost goods and his failure to co-operate in recording a statement warranted dismissal
The Investigator found the grievant, a seasoned driver, should have detected the theft of 12 bales of blankets in transit to Burundi, and his refusal to record a statement frustrated an insurance claim. The court adopted these findings, holding the management had a responsibility to prevent further liabilities from his continued employment.
Correct monthly salary of the grievant
The court rejected the Investigator's finding of Kshs. 5,500 per month and accepted the Union's figure of Kshs. 12,000 per month as the basis of computation
The court held it implausible that a long-distance heavy commercial driver plying the Kenya–Burundi route would earn only Kshs. 5,500, but doubted the Union's claim of salary arrears over the 10-month period of service, leading to a tailored award.
Quantum of terminal dues and compensation
The grievant was awarded Kshs. 56,657 made up of salary balance, pro-rata leave, one month's notice pay and two months' ex-gratia payment
Although dismissal was justified, the court in the interests of justice and equity awarded notice pay and a two-month ex-gratia payment for loss of employment, computed on the Kshs. 12,000 monthly salary, while rejecting the balance of the Union's Kshs. 200,556 demand for lack of proof.
Legal principles established
#- A driver entrusted with goods is responsible for losses arising from negligence and lack of diligence in inspecting and securing the cargo, justifying dismissal
- An award may be granted in the interests of justice and equity even where dismissal is substantively justified, including notice pay and an ex-gratia payment for loss of employment
- Demands not proved on the evidence must be rejected
Court orders
#- 1.The Company to pay the grievant Kshs. 56,657/= comprising outstanding salary balance of Kshs. 12,086, pro-rata leave of Kshs. 8,571, one month's salary in lieu of notice of Kshs. 12,000, and a two months' ex-gratia payment for loss of employment of Kshs. 24,000
- 2.All other demands rejected for lack of proof
- Jurisdiction invoked
- Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya - reference by the Minister for Labour
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "TRANSPORT & ALLIED WORKERS’ UNION v EXPRESS TRUCKING LTD [2002] KEELRC 22 (KLR)", Case Analysis (2002). Cause No. 58 of 2001. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2002/22/eng@2002-01-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.