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ELRCDismissedNot stated in the excerpt provided· [2016] KEELRC 632 (KLR)

Charles Kinyua v Meru Central Dairy Co-operative Union Limited [2016] KEELRC 632 (KLR)

Employment and Labour Relations Court
23 September 2016
BOByram Ongaya
642 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court confirmed that your official appointment letter, not your day-to-day duties, defines your job when redundancy strikes.

What this practically means

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Executive summary

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The claimant, employed as a watchman by Meru Central Farmers Co-operative Union Limited from 23.11.2001 and transferred in 2003 to duties at the effluent treatment unit, was absorbed into the respondent upon a 2005 restructuring. After his 2011 termination was overturned in ELRC Cause No 144 of 2014 at Nyeri, he was re-engaged effective 3.08.2015, then declared redundant on 16.09.2015 because the watchman position had been abolished following outsourcing of security services. He sued for reinstatement, compensation, damages for unlawful termination by redundancy and for unfair labour practices. The respondent contended he applied for and held the post of watchman, with deployments to effluent treatment, stores and the piggery being temporary. The court framed a single issue: whether at redundancy the claimant held the office of watchman or effluent attendant. Relying on the letter of appointment, the court held his substantive appointment was as watchman and, the watchman positions having been abolished, the redundancy was justified. Noting the claimant had been paid full redundancy dues and claimed no redress on that account, the court dismissed the memorandum of claim. However, finding the respondent substantially contributed to the claimant's belief he had left the watchman position, the court ordered each party to bear own costs. Judgment delivered at Nyeri on 23rd September 2016 by Byram Ongaya, Judge.

Key legal issues

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01

Whether the claimant was a watchman or an effluent attendant at the time of redundancy

Holding

The claimant was substantively a watchman per the letter of appointment; deployments to effluent treatment and other duties were temporary, so the redundancy abolishing the watchman position was justified.

Reasoning

The court relied on the letter of appointment showing substantive appointment as watchman. Prior litigation (ELRC Cause No 144 of 2014 at Nyeri) had canvassed the same deployment question. Since all watchman positions were abolished upon outsourcing of security services, the redundancy was justified. However, the respondent's repeated temporary deployments contributed to the claimant's confusion about his substantive role, informing the costs order.

p. 2

Legal principles established

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  • Substantive appointment is determined by the letter of appointment, notwithstanding temporary or incidental deployments to other duties
  • An employer whose conduct blurs an employee's substantive role may nonetheless be spared costs where it substantially contributed to the employee's mistaken belief about his position

Court orders

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  1. 1.The claimant's memorandum of claim is dismissed
  2. 2.Each party shall bear own costs of the suit
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act and Labour Relations Act (not expressly stated in the excerpt)

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, "Charles Kinyua v Meru Central Dairy Co-operative Union Limited [2016] KEELRC 632 (KLR)", Case Analysis (2016). Not stated in the excerpt provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/632/eng@2016-09-23

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