Kenya Union of Printing Publishing Paper Manufacturers and Allied Workers v Jam Grac Investments [2013] KEELRC 755 (KLR)
The bottom line
#A Kenyan court ruled that sacking a worker without letting him defend himself was unfair and ordered the employer to pay him nearly Kshs.200,000.
What this practically means
#Executive summary
#Key legal issues
#Unfair termination
The termination was unfair because the grievant was never given an opportunity to defend himself
The court weighed the pleadings, oral testimony of the claimant and the two respondent witnesses, and written submissions. Although the Respondent alleged deliberate over-packing of newspapers for personal gain, the grievant had no previous misconduct record, was not issued any termination letter, and no warning was considered. The court found the lack of a hearing rendered the termination unfair.
Re-instatement as remedy
Re-instatement was refused as impracticable
Both parties pleaded and all witnesses confirmed that the work was performed within Nation Media Group premises and that the grievant had been barred from entering those premises by Nation Media Group's Security Manager. Since Nation Media Group was not a party to the claim, no order could be made against it, making re-instatement impossible.
Compensation for unfair termination
12 months' gross salary compensation of Kshs.83,988.00 awarded
Having found unfair termination and that the grievant had worked for the Respondent from 2002 as admitted by RW1, the court found the grievant entitled to full compensation as prayed, awarding 12 months' salary at the claimed rate of Kshs.6,999 per month.
Underpayment
Underpayment of Kshs.110,167.20 awarded based on statutory minimum wages orders
The court found the grievant was underpaid as reflected in the statutory minimum wages orders attached to the claimant's written submissions, covering the years 2006 to 2011, and awarded the claimed underpayment amounts.
Legal principles established
#- Termination without giving an employee an opportunity to defend himself is unfair termination
- An employee is entitled to a certificate of service under section 51 of the Employment Act
Court orders
#- 1.Judgment entered for the Claimant against the Respondent in the sum of Kshs.194,155.00
- 2.Issuance of a Certificate of Service to the grievant
- 3.No orders for costs
- Jurisdiction invoked
- Industrial Court Act; Employment Act (first-instance labour dispute under the Industrial Court's jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Printing Publishing Paper Manufacturers and Allied Workers v Jam Grac Investments [2013] KEELRC 755 (KLR)", Case Analysis (2013). Cause No. 1186 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/755/eng@2013-06-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.