Jane Wambui v Joseph GathirwaT/A Muga Auctioneers [2016] KEELRC 968 (KLR)
The bottom line
#A Kenyan court ruled that firing a secretary for asking for a pay rise was unfair, awarding her Kshs. 271,333 in compensation and related dues.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination of the Claimant's employment was lawful and fair
Termination was both substantively and procedurally unfair; it followed the Claimant's salary increment request and no disciplinary process was conducted
The common ground between the parties was a salary dispute. The Claimant produced an unchallenged recommendation letter showing she held secretarial responsibilities, while the Respondent produced no document showing she was a general hand. The Court adopted her evidence on position, found the termination followed her request for an increment, which is an invalid reason, and noted there was no evidence of any disciplinary process.
Whether the Claimant was employed as a Secretary or a general hand
The Court adopted the Claimant's evidence that she was employed as a Secretary and rejected the Respondent's defence
The Claimant produced a recommendation letter dated 30th July 2000 in which the Respondent described her as employed in Secretarial responsibilities. The Respondent did not challenge its authenticity and produced no document supporting its assertion that she was a general hand. The Court therefore preferred the Claimant's documentary evidence over the Respondent's bare denial.
Whether the Claimant was entitled to the remedies sought
Most remedies allowed but recomputed; 9 months' compensation instead of 12, notice pay allowed, underpayment allowed from 1st May 2011, leave pay and service pay allowed
The Court used the Regulation of Wages (General) Amendment Order, 2011 minimum wage for secretarial positions, loaded 15% house allowance to reach Kshs. 13,437 as the correct salary. It awarded 9 months' compensation considering length of service and the Respondent's conduct, one month's notice pay, underpayment for the period from 1st May 2011, leave pay for 3 years given the absence of leave records, and service pay for 9 years since the Respondent admitted the Claimant was not in a pension scheme.
Legal principles established
#- Termination in response to an employee's request for a salary increment is for an invalid reason and is substantively unfair; termination without any disciplinary process is procedurally unfair
- In the absence of leave records proving that leave was taken, a claim for leave pay succeeds
- The employer bears the consequence of failing to produce documents establishing the employee's position; unchallenged documentary evidence on the employee's designation is adopted by the Court
Court orders
#- 1.9 months' salary in compensation for unfair termination (Kshs. 120,933)
- 2.1 month's salary in lieu of notice (Kshs. 13,437)
- 3.Underpayment from 1st May to 14th December 2011 (Kshs. 48,278)
- 4.Leave pay for 3 years (Kshs. 28,218)
- 5.Service pay for 9 years (Kshs. 60,467)
- 6.Total award of Kshs. 271,333
- 7.Respondent directed to issue the Claimant with a certificate of service
- 8.Claimant awarded costs of the case
- 9.Award to attract interest at court rates from date of award until payment in full
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over unlawful termination of employment claim
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jane Wambui v Joseph GathirwaT/A Muga Auctioneers [2016] KEELRC 968 (KLR)", Case Analysis (2016). Cause No 463 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/968/eng@2016-07-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.