Augustus Mbusya Ndilo v Swedken Tours [2016] KEELRC 502 (KLR)
The bottom line
#A Kenyan driver underpaid below the legal minimum wage won back-pay and six months' salary after his employer fired him without a disciplinary hearing.
What this practically means
#Executive summary
#Key legal issues
#Minimum wage underpayment
The claimant was underpaid; awarded the difference between the prescribed wage of Kshs.13,201.55 and the Kshs.3,000 paid for eighteen months.
The relevant Wages Order prescribed a minimum monthly salary of Kshs.13,201.55 for a driver in Nairobi, while the claimant was paid Kshs.3,000. Since the suit proceeded ex parte and the claimant's evidence was uncontested, the court awarded the shortfall limited to eighteen months.
Unfair termination
The verbal termination without a disciplinary hearing was unfair; six months' salary awarded as compensation plus one month's pay in lieu of notice.
The claimant testified he was verbally terminated on allegations of siphoning fuel without any disciplinary hearing. The matter proceeded ex parte, so the respondent led no evidence. The onus of proving reasons for termination lies with the employer, which the respondent failed to discharge; the court awarded six months' salary as compensation and one month's pay in lieu of notice.
Legal principles established
#- The burden of proving reasons for termination rests with the employer.
Court orders
#- 1.Award of the difference between the prescribed minimum wage of Kshs.13,201.55 and the Kshs.3,000 per month actually paid for eighteen months
- 2.Award of leave allowance of Kshs.4,740.00
- 3.Award of one month's pay in lieu of notice of Kshs.13,201.55
- 4.Award of six months' salary as compensation for unfair termination of service of Kshs.79,209.30
- 5.Costs of the suit to the claimant
- 6.Respondent to issue the claimant with a certificate of service
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment claims (not expressly stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Augustus Mbusya Ndilo v Swedken Tours [2016] KEELRC 502 (KLR)", Case Analysis (2016). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/502/eng@2016-10-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.