Paul Kilonzo v Silpack Industries Ltd [2016] KEELRC 619 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Unfair and wrongful termination of employment
The claimant proved his employment was terminated on 23rd May 2008 without a valid reason and without fair procedure, entitling him to compensation
The claimant testified under oath in an undefended suit and proved on a balance of probabilities that he was employed from January 2001 as a carton balling machine operator earning Kshs 6,656 monthly. His employment was terminated without valid reason or fair procedure, and without notice or payment in lieu, entitling him to compensation under the repealed Employment Act and Trade Disputes Act.
Terminal benefits including notice, overtime, service gratuity, house allowance and statutory deductions
The respondent failed to pay notice, overtime, service gratuity at 15 days' salary per completed year, house allowance, and failed to remit NHIF and NSSF dues
The undefended claim established that the claimant received no notice of termination or payment in lieu, worked unpaid overtime, was not housed or paid house allowance, and that the respondent did not remit NHIF and NSSF dues deducted from him. Service gratuity was awarded for seven completed years at 15 days' salary per year.
Legal principles established
#- An employee terminated without a valid reason and without fair procedure is entitled to compensation under the repealed Employment Act and Trade Disputes Act.
Court orders
#- 1.Kshs 6,656 in lieu of notice
- 2.Kshs 45,384 overtime worked
- 3.Kshs 23,296 service gratuity for 7 years
- 4.Kshs 87,832 house allowance for 7 years
- 5.Total terminal benefits Kshs 159,168.00
- 6.Compensation equivalent to seven (7) months' salary for the unlawful termination of employment in the sum of Kshs 46,592
- 7.Total award of Kshs 205,760 payable with interest at court rates from date of filing suit till payment in full
- 8.Costs follow the outcome
- Jurisdiction invoked
- Transfer from Principal Magistrate's Court at Nairobi (Civil Suit No. 5814 of 2010) to the Employment and Labour Relations Court by Lady Justice R. E. Ougo on 16th May 2014
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Paul Kilonzo v Silpack Industries Ltd [2016] KEELRC 619 (KLR)", Case Analysis (2016). Cause No. 1391 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/619/eng@2016-09-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.