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ELRCPartially AllowedCause No 2267 of 2012· [2015] KEELRC 670 (KLR)

Renson Githu Karanja v Transnick Limited [2015] KEELRC 670 (KLR)

Employment and Labour Relations Court
10 June 2015
NMNzioki wa Makau
733 words in judgment
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The bottom line

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A Kenyan court awarded a turnboy 12 months' salary because his employer fired him on medical grounds without a hearing or notice.

What this practically means

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Executive summary

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The Claimant, formerly a turnboy employed by the Respondent in 2007, sued following a road accident on 4th November 2008 along Mombasa Road in which the Respondent's driver allegedly drove carelessly and negligently. His services were terminated on 31st May 2010 on medical grounds arising from the resulting disability. He sought pay in lieu of notice, service gratuity for three years of service, leave dues for two years, and compensation; the personal injury claim was referred to the Magistrates Court. The Respondent entered appearance on 1st August 2013 but filed no defence, so the cause proceeded undefended. The Claimant testified on 25th May 2015, stating he earned Kshs. 7,639/- net at the time of the accident and was never permitted to resume duty after healing, instead receiving a termination letter dated 31st May 2010 citing medical grounds. The court found the employment relationship proved and held that the termination, being abrupt and without notice or explanation in accordance with section 41 of the Employment Act 2007, was procedurally unfair under section 45(2). The court entered judgment for the Claimant for notice pay of Kshs. 7,999/-, leave dues of Kshs. 15,998/- for two years, service gratuity of Kshs. 11,458/-, and twelve months' compensation of Kshs. 95,988/- for unlawful dismissal, plus costs of the suit and a certificate of service. Judgment was dated and delivered at Nairobi on 10th June 2015 by Nzioki wa Makau J.

Key legal issues

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01

Fairness of termination on medical grounds without notice or hearing

Holding

The dismissal was abrupt, without notice and therefore unfair; the Respondent failed to follow section 41 of the Employment Act

Reasoning

The termination letter showed the employment was ended on medical grounds with immediate effect. Section 41 of the Employment Act requires an employer to explain the reasons for termination to the employee in a language he understands and allow him a representative of his choice before terminating on grounds including physical incapacity. Section 45(2) places the burden on the employer to prove a valid reason and fair procedure. No explanation was given, so the termination was procedurally unfair and the Claimant proved his case.

p. 2

Legal principles established

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  • An employer terminating employment on grounds of physical incapacity must comply with the procedural requirements of section 41 of the Employment Act, including explanation to the employee in a language he understands and the presence of a representative of his choice; failure renders the termination unfair

Court orders

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  1. 1.Judgment for the Claimant against the Respondent for Kshs. 7,999/- as notice
  2. 2.Kshs. 15,998/- being leave dues for 2 years
  3. 3.Kshs. 11,458/- as service gratuity
  4. 4.Kshs. 95,988/- being 12 months compensation for the unlawful dismissal
  5. 5.Costs of the suit
  6. 6.Certificate of service

Authorities

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Legislation

  • Employment Act 2007Section 41(1)
  • Employment Act 2007Section 45(2)
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes; Employment Act 2007

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Renson Githu Karanja v Transnick Limited [2015] KEELRC 670 (KLR)", Case Analysis (2015). Cause No 2267 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/670/eng@2015-06-10

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.