Francis Waithaka Kamau v Delmonte Kenya Ltd [2015] KEELRC 66 (KLR)
The bottom line
#Del Monte fired a 30-year employee without a proper hearing, and the Kenyan court ordered it to pay him a full year's salary.
What this practically means
#Executive summary
#Key legal issues
#Validity of reasons for termination
There were valid reasons to find the Claimant culpable for the wrong labeling
The court examined the Claimant's job description as Warehouse Foreman, which required him to plan, supervise and direct labeling operations and to receive, read and interpret sales orders correctly per customer requirements. Checking codes and labeling were a direct responsibility of the Claimant with staff under him. Although the QC staff were not under the Claimant, their work was complimentary. The court therefore found the reasons valid.
Procedural fairness
The Respondent failed to adhere to rules of fair procedure by failing to give the Claimant an opportunity to be heard
Although a show cause letter was issued and answered, the Respondent did not afford the Claimant a hearing as required by section 41 of the Employment Act, 2007, nor consider his representations. This also offended Article 50(1) of the Constitution. Given his over 30 years of satisfactory service, a warning or reprimand would have sufficed instead of the harsh penalty of termination.
Unfair termination under section 45 of the Employment Act
The termination was unfair and unjustified because fair procedure was not followed
Applying section 45(1) and (2) of the Employment Act, 2007, the court found that although a valid reason existed, the employer failed to terminate in accordance with fair procedure. The termination was therefore unfair, unwarranted and unjustified, entitling the Claimant to compensation.
Legal principles established
#- An employer must both have valid reason for termination and follow fair procedure, including giving the employee an opportunity to be heard under section 41 of the Employment Act
- Termination is unfair if the employer fails to prove valid reason, fair reason and fair procedure
Court orders
#- 1.12 months salary as compensation for unlawful termination of employment (Kshs. 1,244,603.28)
- 2.The Claimant is entitled to his pension from the pension providers without any loss whatsoever up to the time of the wrongful termination
- 3.Other claims prayed for are not payable
- 4.Interest on the amount awarded at Court rates from date of judgment until payment in full
- 5.The Respondent to issue the Claimant with a Certificate of Service
- 6.The Respondent to pay costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act 2007; Constitution Article 50(1) invoked)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Francis Waithaka Kamau v Delmonte Kenya Ltd [2015] KEELRC 66 (KLR)", Case Analysis (2015). Cause No. 908 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/66/eng@2015-12-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.