Erick Otieno Owino v Hebatullah Brothers Limited [2013] KEELRC 603 (KLR)
The bottom line
#A Kenyan worker fired for asking about his salary won Kshs 106,300 because the employer gave no valid reason for the dismissal.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination was unfair
The termination was unfair as no notice, reasons or valid grounds were given; terminating the claimant after he raised a salary grievance was unreasonable
The respondent did not enter appearance or file a defence, so only the claimant's sworn evidence was before the court. The claimant testified he was chased away after asking about his pay under his Grade III. The court held that any termination must have a basis, and that dismissing an employee for raising a workplace grievance is not a valid or reasonable ground, nor a reason recognised under established law.
Entitlement to notice pay
One month's pay in lieu of notice awarded since no notice of termination was issued
The claimant testified he was never given notice of termination. The court found no notice was indicated to have been issued by the respondent before the termination and therefore awarded one month's pay in lieu of termination notice at Kshs. 10,630.00.
Leave days pay
Leave pay of Kshs. 63,780.00 awarded as claimed, covering continuous employment from 2004 including casual periods
The court held leave days are payable at termination. Because the claimant's employment was continuous and uninterrupted from 2004, first as a casual and later as a permanent employee, the leave days due should have been taken or paid for. The respondent failed to do so, so the claimed amount of Kshs. 63,780.00 was awarded in full.
Compensation for unfair termination
Three months' pay (Kshs. 31,890.00) awarded in compensation rather than the twelve months claimed
Although the claimant sought compensation for 12 months amounting to Kshs. 124,320.00, the court exercised its discretion to award three months' pay, amounting to Kshs. 31,890.00, as compensation for the unfair termination.
Legal principles established
#- Where an employer fails to state particulars of employment under section 10 of the Employment Act, the court will take the claimant's evidence on his work status as the correct position
- A termination must have a valid basis; terminating an employee for raising a grievance at the workplace is not a valid or reasonable ground
- Leave days accrue and are payable at termination where employment was continuous, including periods of continuous casual engagement
Court orders
#- 1.Declaration that the claimant was unfairly terminated by the respondent
- 2.Compensation for unfair termination awarded at Kshs. 31,890.00
- 3.Notice pay amounting to Kshs. 10,630.00
- 4.Leave due amounting to Kshs. 63,780.00 (total award Kshs. 106,300.00)
- 5.Respondent to issue the claimant with a Certificate of Service within 14 days
- 6.Costs of the suit to the claimant
- Jurisdiction invoked
- Employment and labour relations jurisdiction of the Industrial Court (claim for unfair termination and terminal dues under the Employment Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Erick Otieno Owino v Hebatullah Brothers Limited [2013] KEELRC 603 (KLR)", Case Analysis (2013). Cause No. 2225 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/603/eng@2013-06-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.