Kenya Shoe & Leather Workers Union v Kenafric Industries Limited [2016] KEELRC 1121 (KLR)
The bottom line
#A Kenyan court ruled that dismissing an employee for missing a night shift, without valid evidence or union involvement, was unfair and awarded compensation.
What this practically means
#Executive summary
#Key legal issues
#Validity of the reason for dismissal (absconding night shift)
The reason was neither valid nor justifiable because the grievant's explanations were plausible and the night shift roster did not bear his name.
The court examined the grievant's written explanation (appendix JW11), in which he stated he reported for the night shift, was told there was no work, and was advised by Human Resource to go home and apply for leave the following day. Nowhere did the grievant claim he had worked that night. The night shift roster, though partially obliterated, did not contain his name and the respondent did not question the document's genuineness. The alleged misconduct therefore lacked a valid factual foundation.
Procedural fairness of the dismissal
The dismissal was procedurally unfair because the grievant's union representative or shop floor official was not called to the disciplinary hearing.
The grievant, a unionisable employee whose union was recognised by the respondent, was dismissed after disciplinary proceedings at which neither a union official nor a shop floor representative was present. The court observed that had such representatives attended, a different decision may have been reached, and found that the absence of union involvement rendered the process unfair.
Compensation for unfair termination
The court awarded the grievant two months' salary in lieu of notice and ten months' salary as compensation for unfair termination, totalling Kshs. 103,800/=.
Having found both that there were no valid reasons for the termination and that the procedure was unfair, the court exercised its discretion to award notice pay of Kshs. 17,300/= (two months of the Kshs. 8,650 basic salary) and compensation equivalent to ten months' salary (Kshs. 86,500/=), together with costs and a certificate of service.
Legal principles established
#- In termination of employment claims the employee bears the onus of proving that the termination was unfair or wrongful, while the employer has a duty to justify the reasons for the termination.
Court orders
#- 1.Kshs. 17,300/= being two months' salary in lieu of notice
- 2.Kshs. 86,500/= being 10 months' salary as compensation for unfair termination
- 3.Costs of the suit to the claimant
- 4.The respondent shall issue the grievant with a certificate of service
- Jurisdiction invoked
- Employment and labour relations jurisdiction of the Employment and Labour Relations Court (claim for unfair and unlawful summary dismissal; conciliation by a Labour Official having failed)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Shoe & Leather Workers Union v Kenafric Industries Limited [2016] KEELRC 1121 (KLR)", Case Analysis (2016). Cause No 14 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1121/eng@2016-05-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.