Anthony Kiragu Ngang’a v Taidy’s Restaurant [2013] KEELRC 953 (KLR)
The bottom line
#A Kenyan restaurant was ordered to pay a waiter Kshs.35,000 because he was fired without notice or a hearing.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness in termination
The termination was unfair because the claimant was neither given notice nor heard before termination
Section 41 of the Employment Act, 2007 requires notice and a hearing before termination. The claimant was dismissed on allegations of cashing out bills not remitted to the cash box without any notice or hearing. The court therefore awarded six months' salary as compensation, noting also that the reasons were not valid given the certificate of service praising the claimant's impeccable character.
Notice pay
Claimant entitled to one month's pay in lieu of notice (Kshs.5,000.00)
The termination letter of 1.05.2012 was delivered without any prior termination notice. The court therefore held the claimant entitled to his last gross pay of Kshs.5,000.00 as pay in lieu of termination notice.
Validity of reasons for termination
The reasons for termination were not valid
The court relied on the certificate of service describing the claimant as hardworking, of impeccable character and leaving on his own accord, and on the respondent's witness admission that the alleged Kshs.1,290.00 shortfall had been deducted from the claimant's salary and was normal, which contradicted his re-examination evidence.
Claims for leave, overtime, house allowance and underpayment
Failed for lack of establishment
These claims were not raised while the claimant was in employment, and the respondent demonstrated through exhibit FK1 that the claimant took his due leave days. The claimant therefore failed to discharge the burden of establishing these heads of claim.
Legal principles established
#- An employer must accord an employee notice and a hearing before termination as envisaged in section 41 of the Employment Act, 2007, failing which compensation may be awarded
- Termination without notice entitles the employee to pay in lieu of notice
Court orders
#- 1.The respondent to pay the claimant Kshs.35,000.00 by 1.2.2013, in default, interest to be payable at court rates from the date of the judgment till full payment
- 2.The respondent to pay 50% of the costs of the suit
- Jurisdiction invoked
- Employment and labour relations dispute under the Employment Act, 2007 (first-instance industrial court claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Anthony Kiragu Ngang’a v Taidy’s Restaurant [2013] KEELRC 953 (KLR)", Case Analysis (2013). Cause No 197 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/953/eng@2013-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.