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ELRCDismissedCause No. 249 of 2015· [2016] KEELRC 1150 (KLR)

Michael Karanja Njenga v Kaimosi Tea Estate Limited (Williamson Tea) [2016] KEELRC 1150 (KLR)

Employment & Labour Relations Court of Kenya
24 May 2016
DMD. K. N. Marete
1,143 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 upheld a worker's dismissal for missing duty, because the employer followed proper procedure and had stronger evidence.

What this practically means

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Executive summary

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The claimant, employed by the respondent as a General Field Worker from 1st January 2001, sued by a Memorandum of Claim dated 5th October 2015 alleging that his 17th July 2015 summary dismissal for absconding duty between 8th and 17th July 2015 was unlawful, unprocedural and unfair, contrary to Sections 41, 44 and 45 of the Employment Act. He sought two months' notice pay, severance pay, house allowance for the entire employment period, twelve months' compensation for unfair termination, a declaration of unfair termination, costs, interest and a certificate of service. The respondent admitted the employment relationship but asserted that the claimant was absent without permission from 7th July 2015, that there was no evidence of illness or permission, that he was given a chance to explain and was dismissed following disciplinary proceedings with payment of terminal benefits including leave dues. At the hearing, the claimant admitted not reporting an alleged motor bike accident to the police, not producing a sick sheet, and being unable to explain why he bypassed the respondent's free dispensary. Marete J found the respondent's evidence more credible, holding there was ample evidence of substantive and procedural fairness and that the termination was lawful. All relief consequently failed, and on 24th May 2016 the court dismissed the claim, ordering each party to bear their own costs.

Key legal issues

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01

Whether the termination of the claimant's employment was wrongful, unfair and unlawful

Holding

The termination was lawful; the respondent's evidence outweighed the claimant's, showing substantive and procedural fairness

Reasoning

The claimant testified he was injured in a motor bike accident and treated at Kapsabet District Hospital, but could not explain why he bypassed the respondent's free dispensary; he admitted he did not report the accident to police or produce a sick sheet. The respondent's witness, through daily work allocation sheets, established the claimant was absent without permission and was given a chance to explain before dismissal. The respondent's case was therefore preferred on the veracity of the evidence.

p. 3
02

Whether the claimant is entitled to the relief sought

Holding

No; the claim fails as it rests on a finding of unfair termination which the court rejected

Reasoning

All heads of relief - notice pay, severance, house allowance, compensation and certificate of service - depended on a declaration of unlawful termination. Having found the termination lawful, the court held the relief dissipated.

p. 3

Legal principles established

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  • An employer who demonstrates substantive and procedural fairness in a termination satisfies the Employment Act
  • A claimant who fails to prove unfair termination is not entitled to the reliefs sought

Court orders

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  1. 1.Dismissal of the claim
  2. 2.Each party to bear their own costs of the claim

Authorities

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Legislation

  • Employment ActSections 41, 44, 45
  • Employment ActSection 51
Jurisdiction invoked
Employment and labour relations jurisdiction of the Employment & Labour Relations Court (first-instance memorandum of claim under the Employment Act)

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, "Michael Karanja Njenga v Kaimosi Tea Estate Limited (Williamson Tea) [2016] KEELRC 1150 (KLR)", Case Analysis (2016). Cause No. 249 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1150/eng@2016-05-24

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