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ELRCDismissedCause No. 261 of 2015· [2016] KEELRC 1109 (KLR)

Lawrence Rono v Kaisugu Limted [2016] KEELRC 1109 (KLR)

Employment & Labour Relations Court of Kenya
3 June 2016
DMD. K. Njagi Marete
1,391 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court dismissed an unfair dismissal claim because the employee's written admission of misconduct helped the employer prove the dismissal was lawful.

What this practically means

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Executive summary

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The claimant, employed by the respondent as a Technical Assistant at her Outreach Farms from 15th March 2010, was issued two show cause letters on 4th and 12th June 2014 concerning delays in green leaf collection and absconding duty, and was summarily dismissed by letter dated 8th July 2014. He filed a memorandum of claim contending the dismissal was unlawful, wrongful and unfair, alleging he was not afforded a hearing, and sought a declaration of unfairness, reinstatement without loss of benefits, or alternatively one month's salary in lieu of notice, twelve months' compensation for unfair dismissal, terminal benefits, costs and interest. The respondent denied the claim, asserting the claimant was dismissed for gross misconduct, had admitted liability over burnt green leaf, and that the Employment Act was observed. The parties agreed to dispose of the matter by written submissions. The court framed three issues: whether the termination was wrongful, unfair and unlawful; entitlement to relief; and costs. Applying sections 41, 43 and 45 of the Employment Act, 2007, and resolving the dispute as a question of fact on a balance of probability, the court found the respondent had demonstrated lawful termination, including the claimant's written admission of liability over the burnt leaf. On that finding the claimant became disentitled to relief. The claim was dismissed with each party bearing its own costs.

Key legal issues

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01

Whether the summary dismissal was wrongful, unfair and unlawful

Holding

The dismissal was lawful; the respondent proved its case on a balance of probabilities, including the claimant's admission of liability over the burnt leaf

Reasoning

The court characterised the dispute as one of credibility to be resolved on a balance of probability. The respondent annexed show cause letters, a letter of dismissal and witness statements, and relied on a letter in which the claimant admitted liability for the green leaf default. The claimant's explanations of delay were found unconvincing, so the employer discharged its burden under sections 43 and 45 of the Employment Act.

p. 4
02

Whether the claimant is entitled to the relief sought

Holding

No; entitlement falls away upon a finding of lawful termination

Reasoning

Having found the termination lawful, the court held the claimant was disentitled to the declaration, reinstatement, compensation, notice pay and terminal benefits claimed. All issues were disposed of by dismissal of the claim with each party bearing its own costs.

p. 4

Legal principles established

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  • Where an employer demonstrates valid grounds and a fair process, a dismissal is lawful and the employee is disentitled to relief

Court orders

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  1. 1.The claim is dismissed with an order that each party bears its own costs of the claim

Authorities

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Legislation

  • Employment Act, 2007Section 41(1)
  • Employment Act, 2007Section 41(2)
  • Employment Act, 2007Section 43(1)
  • Employment Act, 2007Section 43(2)
  • Employment Act, 2007Section 45(2)
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (unfair/wrongful dismissal claim)

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, "Lawrence Rono v Kaisugu Limted [2016] KEELRC 1109 (KLR)", Case Analysis (2016). Cause No. 261 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1109/eng@2016-06-03

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