Christopher Njoroge Kiarie v Simply Perfect Limited [2015] KEELRC 416 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant was terminated by the Respondent
The court found the Respondent dismissed the Claimant in January 2013 after refusing to pay his dues, but held the question immaterial given the Claimant's short service and probationary status
The court accepted that the Respondent dismissed the Claimant after surcharging him for fuel and vehicle parts lost when the vehicle was vandalized after the accident. However, it held that whether the Claimant was terminated or not was not material because, having served only about three months and being basically on probation, he did not fall within Section 45(3) of the Employment Act 2007 and thus could not complain of unfair termination.
Whether the Claimant is entitled to remedies sought
The court awarded unpaid salary for November and December 2012 (Kshs. 36,000/=) plus costs, but refused the unfair termination claim
Although the Claimant could not complain of unfair termination because of his short service, there was no proof from the Respondent that his November and December 2012 salaries were paid. The court therefore awarded those two months' salary at Kshs. 18,000/= per month, totalling Kshs. 36,000/=, and awarded the costs of the suit to the Claimant.
Legal principles established
#- An employee who has not been continuously employed for the qualifying period under Section 45(3) of the Employment Act cannot complain of unfair termination
Court orders
#- 1.The Respondent to pay the Claimant salary for November and December 2012 amounting to Kshs. 36,000/=
- 2.The Respondent to pay the costs of this suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act 2007 ( unfair termination and terminal benefits claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Christopher Njoroge Kiarie v Simply Perfect Limited [2015] KEELRC 416 (KLR)", Case Analysis (2015). Cause No. 826 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/416/eng@2015-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.