Jessica Mwanzia v Actionaid International Kenya [2016] KEELRC 1179 (KLR)
The bottom line
#A Kenyan court awarded a former ActionAid manager over Kshs 1.5 million because her dismissal letter was vague and she was never given a fair hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether there were valid reasons to warrant termination of the Claimant
The termination was not anchored on proper reasons under Section 43 of the Employment Act because the termination letter did not state which of the cited misconduct provisions the Claimant was said to have breached
The termination letter cited Sections 8.3.2 (c), (d), (u) and (v) of the Employee Handbook but did not specify which of the four items the Claimant committed or the exact reasons for termination. Since the employer bears the burden of proving reasons for termination and proof requires clarity of those reasons, the court found the dismissal was not based on proper reasons as envisaged under Section 43.
Whether due process was followed before the Claimant's termination
The Respondent did not follow the procedure required by Section 41 of the Employment Act or its own disciplinary procedure at Section 8.6 of the handbook, rendering the termination unfair under Section 45(2)
Section 41 requires the employer to explain the reasons for termination to the employee and hear and consider her representations before termination on grounds of misconduct or poor performance. The Respondent's own handbook Section 8.6 prescribed a disciplinary procedure including warnings, suspension and inquiry. The court found that the Respondent never followed this procedure before terminating the Claimant, so the termination was unfair and unjustified under Section 45(2).
What remedies the Claimant is entitled to in the circumstances
The Claimant was awarded one month's notice pay, salary for October 2013, eight months' salary as compensation for unlawful termination, and costs
Having found the termination unfair and unjustified, the court found for the Claimant and awarded one month's salary in lieu of notice at Kshs. 161,000, salary for October 2013 at Kshs. 161,000, and eight months' salary as compensation for unlawful termination amounting to Kshs. 1,288,000 less Kshs. 223,463, with the balance of Kshs. 1,386,537 to be paid, plus costs of the suit.
Legal principles established
#- Under Section 43 of the Employment Act, the employer bears the burden of proving the reasons for termination, and reasons must be clearly stated in the termination letter
- A termination is unfair where the employer fails to prove a valid reason, a fair reason, and a fair procedure under Section 45(2)
Court orders
#- 1.One month salary in lieu of notice of Kshs. 161,000
- 2.Salary for the month of October 2013 of Kshs. 161,000
- 3.Eight months' salary as compensation for unlawful termination (Kshs. 1,288,000 less Kshs. 223,463), balance Kshs. 1,386,537 to be paid
- 4.Respondent to pay costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (Sections 41, 43 and 45(2))
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jessica Mwanzia v Actionaid International Kenya [2016] KEELRC 1179 (KLR)", Case Analysis (2016). Cause No. 94 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1179/eng@2016-05-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.