Fredrick Chege Njuguna v Hellen Okubasu T/A Hellenic Salon And Executive Barber [2014] KEELRC 1500 (KLR)
The bottom line
#A Kenyan court awarded a barber Kshs.272,000 after finding his salon employer fired him without notice, proof of misconduct or a fair hearing.
What this practically means
#Executive summary
#Key legal issues
#Validity of the competing contracts of employment
Both versions of the contract were fundamentally different and unexecuted by the employer, rendering them worthless and shifting reliance to oral evidence
The Respondent's version bore handwritten insertions (loan of Kshs.40,000 and dates) absent from the Claimant's copy, in different hands, and neither was signed by the employer. The Respondent, having failed to produce originals when challenged and having failed to properly execute the document it issued, could not rely on it. Oral evidence of both parties therefore became the basis of the court's findings.
Whether the Claimant was wrongfully terminated or absconded
The Claimant was terminated without notice, a fundamental breach; the allegation of absconding was not proved
There was no investigation report documenting the alleged strike instigation, and no evidence the Claimant was given a chance to defend himself. The Respondent's witness was unreliable on whether the proprietor contacted the Claimant. No effort was made to reach the Claimant when he allegedly absconded. The Claimant's sworn evidence was preferred over that of Caroline Mutuku.
The counter-claim for Kshs.76,000
The counter-claim was dismissed in its entirety
The claim for a Kshs.40,000 advance rested on a contract the Respondent had failed to properly execute and could not rely on. The claim for notice pay rested on the finding that the Claimant did not abscond. The counter-claim therefore failed on both limbs, with costs to the Claimant.
Legal principles established
#- He who alleges must prove, and where a party challenges a document's authenticity the burden shifts to that party to produce the competing document
- It is good labour practice that all documents within the employment relationship be in writing and the employer retain copies
- Documentation of investigations and fair hearing are primary requirements in an employment relationship before adverse findings against an employee
Court orders
#- 1.A declaration that the Respondent is in breach of the employment contract
- 2.The Claimant is awarded kshs.200,000.00 in damages
- 3.The Claimant is awarded Kshs.36,000.00 as notice pay
- 4.The Claimant is awarded kshs.36,000.00 as pay for October 2006
- 5.Amounts payable as notice pay and October 2006 salary to be paid with interest
- 6.Costs of the suit awarded to the claimant
- Jurisdiction invoked
- Suit transferred from the Chief Magistrate's Court to the Industrial Court pursuant to the Industrial Court Act, 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Fredrick Chege Njuguna v Hellen Okubasu T/A Hellenic Salon And Executive Barber [2014] KEELRC 1500 (KLR)", Case Analysis (2014). Cause No. 1080 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1500/eng@2014-11-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.