Rachel Carol Atamba v Masinde Muliro Unversity of Science & Technology [2015] KEELRC 45 (KLR)
The bottom line
#A Kenyan court ruled a university employee wasn't fired but was hurt by poor communication, awarding her Kshs 500,000 and demanding her redeployment.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant had been unlawfully terminated or declared redundant
No - the employment relationship still subsists; the Claimant remained on the payroll and on accumulated leave, so the claim of dismissal/redundancy was dismissed
The court reasoned that both termination and redundancy sever the employment relationship. Here the Claimant was still on the payroll, still employed, and on accumulated annual leave. The Vice Chancellor's letter directed her to take leave and stated new duties would be assigned on return. An employer may lawfully move, relocate and redeploy an employee. There was therefore no evidence of termination or redundancy.
Whether the Respondent violated the Claimant's rights under Articles 28, 29 and 41
Yes, in part - the failure to officially inform her of changes to her position before it was advertised infringed her rights under Articles 28 and 41
It was undisputed that the Claimant received no official communication of her removal from the office of Registrar (Administration) and was not told her new position before suit or by hearing. Such changes are material terms requiring written notification under Section 10(5) of the Employment Act. The resulting uncertainty and anxiety infringed her dignity and right to fair labour practices. No finding was made under Article 29.
Whether the Claimant was entitled to the prayers sought
Only partially - general damages of Ksh. 500,000 awarded and an order to redeploy her as head of department without loss of rank or remuneration; declarations, injunction and reinstatement refused
Because employment had not been terminated, the declaration of unlawful termination and the injunction failed. Reinstatement was refused because the Respondent was implementing lawful qualification requirements. However, the Respondent mismanaged the transition, inflicting avoidable pain and psychological torture, justifying general damages and an order for redeployment without reduction of rank, remuneration or allowances.
Legal principles established
#- Changes in an employee's terms, including change of designation, are material changes that must be communicated to the employee in writing in consultation with the employee, as required by Section 10(5) of the Employment Act
- An employee should not be subjected to uncertainty and anxiety about her position; failure to communicate changes amounts to unfair treatment infringing the right to fair labour practices and human dignity
- Both termination and redundancy sever the employment relationship; where employment subsists and the employee remains on the payroll, there is no termination or redundancy
Court orders
#- 1.Claimant's employment not terminated and no threat of termination found; claim of unfair termination/redundancy dismissed
- 2.Found that the Respondent infringed the Claimant's rights under Articles 28 and 41 by failing to officially inform her of changes to her position before it was advertised
- 3.Declined to order reinstatement of the Claimant to the position of Registrar (Administration)
- 4.Directed the Respondent to immediately redeploy the Claimant to the position of head of department without reduction of rank, remuneration or allowances
- 5.Awarded general damages of Ksh. 500,000 for infringement of the right to human dignity and psychological torture
- 6.Respondent to pay the Claimant's costs of the suit
- Jurisdiction invoked
- Employment and labour relations jurisdiction (Article 41 of the Constitution; Employment Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rachel Carol Atamba v Masinde Muliro Unversity of Science & Technology [2015] KEELRC 45 (KLR)", Case Analysis (2015). Cause No. 68 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/45/eng@2015-12-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.