Maurice Okech Onyango v Riley-Falcon Security Services Limited [2013] KEELRC 642 (KLR)
The bottom line
#A Kenyan security guard won Kshs.140,557 after his employer fired him without a hearing for complaining about his work station.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination was unfair
The termination was unfair both procedurally and substantively
The termination letter dated 13.03.2012 deemed the claimant an absconder without following due process. The court found the respondent failed to notify the claimant of allegations and denied him the hearing prescribed by section 41 of the Employment Act, contrary to section 45(2)(c). On substance, the claimant failed to prove the short-stature allegation, but the court inferred he was dismissed for raising a deployment grievance, an unjust ground under section 46(h).
Remedies for underpayment, leave, overtime and notice
Claimant awarded underpayment of Kshs.39,634.80, leave pay difference of Kshs.4,624.06, overtime of Kshs.3,138.40, one month's notice pay of Kshs.9,022.90 and six months' gross salary as compensation for unfair termination (Kshs.54,137.40)
The respondent itself computed the underpayment against statutory minimum wages, which the court adopted. Leave was recalculated on the statutory wage. Overtime was accepted on the RW's admission of long hours without formal breaks, using the labour officer's computation. Notice pay flowed from dismissal without notice under sections 35(1)(c) and 36. Compensation of six months' gross salary reflected the claimant's bumpy employment record.
Legal principles established
#- Where an employee absconds duty, the employer must invoke the relevant disciplinary procedure; failing which the employee is entitled to plead unfair termination
- Raising a concern about deployment is a justified grievance and an unjust ground for termination
Court orders
#- 1.A declaration that the termination of the claimant's employment was unfair
- 2.The respondent to pay the claimant Kshs.140,557.56 by 1.08.2013 failing which interest to be payable from the date of judgment till full payment
- 3.The respondent to pay the costs of the case
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act, 2007; statement of claim filed in the Industrial Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maurice Okech Onyango v Riley-Falcon Security Services Limited [2013] KEELRC 642 (KLR)", Case Analysis (2013). Cause No 51 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/642/eng@2013-06-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.