Abdalla Mohamed Abdalla v Independent Electoral and Boundaries Commission [2015] KEELRC 1324 (KLR)
The bottom line
#A Kenyan court ruled IEBC lawfully fired a driver for abandoning duty but unfairly, awarding him over Kshs. 255,000 because it skipped proper disciplinary procedure.
What this practically means
#Executive summary
#Key legal issues
#Valid reason for termination
The Respondent had a valid reason for terminating the Claimant's employment
The Claimant left the official vehicle and deserted duty without notifying his supervisor, the Transport Officer, despite not being too ill to do so. Given the sensitive nature of his work as driver to a Commissioner, his conduct amounted to acting without due care, satisfying the Section 43 burden on the employer.
Procedural fairness of termination
The termination was procedurally unfair for want of compliance with Section 41 and the Respondent's internal disciplinary rules
The Respondent did not explain the reasons for termination to the employee in a language he understands, allow a representative, or hear and consider his explanations as required by Section 41 of the Employment Act, nor did it follow Clause 10.2.5.2 of its own Human Resources Manual entitling the employee to present a defence before disciplinary action.
Remedies for unfair termination
Reinstatement declined; compensation of 4 months' salary plus notice pay, salary for days worked and prorata leave pay awarded
Reinstatement is a premier remedy available only in exceptional circumstances and unavailable to an employee with a negative employment record. Since the Respondent had a valid reason and the Claimant's record was poor, the court substituted compensatory relief for reinstatement and awarded proportionate compensation.
Legal principles established
#- The burden imposed on an employer by Section 43 of the Employment Act is to establish a valid reason that would cause a reasonable employer to terminate employment
- The court does not substitute the employer's decision but examines the reasonableness of the employer's decision in light of the circumstances and applicable law
- An employee on sick off must notify the employer as soon as practically possible
- Termination must comply with both Section 41 of the Employment Act and the employer's internal disciplinary rules
Court orders
#- 1.Award to the Claimant of Kshs. 176,532.00 being 4 months' salary in compensation for unfair termination
- 2.Award of Kshs. 44,133.00 being 1 month's salary in lieu of notice
- 3.Award of Kshs. 29,422.00 being salary for days worked in March 2013
- 4.Award of Kshs. 5,149.00 being prorata leave pay for 2013, total award Kshs. 255,236.00
- 5.Interest on the award at court rates from the date of the award until payment in full
- 6.Direction that the Respondent facilitate release of the Claimant's pension contributions under the Retirement Benefits Scheme
- 7.Respondent to bear the costs of the case
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 over a claim for unfair and unlawful termination of employment
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Star Publications Ltd v Simiyu (Civil Appeal 23 of 2018) [2023] KECA 23 (KLR)[2023] KECA 23 (KLR)26 Jan 2023
Cite this brief
#Cite this brief
Caselaw, "Abdalla Mohamed Abdalla v Independent Electoral and Boundaries Commission [2015] KEELRC 1324 (KLR)", Case Analysis (2015). Cause No 1685 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1324/eng@2015-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.