Andrew Mwanjala Mwandawiro v Sdv Transami Kenya Limited [2015] KEELRC 65 (KLR)
The bottom line
#Kenya's Employment Court ruled that paying one month's salary in lieu of notice does not make a dismissal fair if the employee was never told why they were being fired.
What this practically means
#Executive summary
#Key legal issues
#Whether the summary dismissal of the Claimant was wrongful and unlawful
The dismissal was unfair and unjustified notwithstanding payment of one month's salary in lieu of notice, because the Claimant was neither told the reasons for termination nor given a hearing.
The applicable law was the repealed Employment Act Cap 226, under which an employer was not required to assign reasons where the contract was terminable by notice or payment in lieu. The Respondent complied with clause 5 of the contract and sections 14(1)(iii) and 16 of the repealed Act by paying one month's salary in lieu of notice. However, the court applied the rules of natural justice - audi alteram partem - holding that condemnation without a hearing breached natural justice and rendered the dismissal unfair.
Whether the claim was time barred
The limitation objection was not entertained because it had already been determined in a prior ruling by Hon. J. Makau.
The Respondent argued the claim was time barred, but the court declined to revisit the issue since Justice Makau had ruled on 27th May 2013 that the claim was not time barred and could be filed by 27th June 2013.
Legal principles established
#- Even where a contract terminable by notice was terminated strictly under the repealed Employment Act Cap 226, failure to inform the employee of the reasons for termination and denial of an opportunity to be heard breaches the rules of natural justice and renders the dismissal unfair.
Court orders
#- 1.Award of 12 months' salary as damages for unlawful termination: 12 x 86,400 = Kshs. 1,036,800
- 2.Respondents to pay costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (claim for unfair termination)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Andrew Mwanjala Mwandawiro v Sdv Transami Kenya Limited [2015] KEELRC 65 (KLR)", Case Analysis (2015). Cause No. 971 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/65/eng@2015-12-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.