Wilfred Kipchirchir Rotic v Metkei Multi-purpose Co Ltd [2016] KEELRC 335 (KLR)
The bottom line
#A Kenyan court dismissed an unfair dismissal claim because the employee never produced evidence supporting his allegations, so the employer never had to justify the termination.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant discharged his burden under section 47(5) of the Employment Act, 2007
The Claimant failed to discharge the burden; he gave no evidence on his pleaded allegations of lack of procedural fairness, and prosecuted his case casually.
The pleaded case alleged breach of section 41 procedural fairness, but during oral testimony the Claimant made no reference to not being informed of misconduct or denied a hearing with a union representative. The court therefore found the section 47(5) threshold not met and the inquiry ended there, without requiring the Respondent to justify the termination.
Whether the Respondent nonetheless complied with procedural fairness
The Respondent produced a show cause notice dated 10 December 2013 and an invitation dated 31 January 2014 to a disciplinary hearing, both of which the Claimant ignored; the court accepted the Manager's testimony that the notices were issued.
The Respondent's documents showed the Claimant was asked to explain an accident of 9 December 2013 and invited to a disciplinary hearing on 31 January 2014 but failed to respond or attend. The Manager who testified that he issued the notices was believed, making it unnecessary to examine substantive fairness.
Legal principles established
#- Section 47(5) of the Employment Act, 2007 sets the procedural, legal and evidentiary standards the employee must discharge at the onset; failing which the inquiry ends without calling on the employer to justify the termination.
Court orders
#- 1.The cause of action is dismissed
- 2.Costs to the Respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over a cause of unfair termination of employment (Employment Act, 2007)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wilfred Kipchirchir Rotic v Metkei Multi-purpose Co Ltd [2016] KEELRC 335 (KLR)", Case Analysis (2016). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/335/eng@2016-11-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.