Michael Wanyera v Gulf Energy Transport Limited [2016] KEELRC 1414 (KLR)
The bottom line
#A Kenyan court ruled an employer's failure to follow redundancy notice rules made the dismissal unlawful, awarding the employee Kshs. 80,000 plus costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the redundancy termination was procedurally fair under Section 40 of the Employment Act
The termination was unfair and unlawful because the respondent failed to comply with Section 40: no notice was given, the claimant was not paid in lieu of notice, and no gratuity was paid
The claimant testified under oath at formal proof after the respondent failed to file a defence or attend the hearing. On a balance of probabilities he established that the laid-down redundancy procedure under Section 40 was not followed, entitling him to notice pay under Section 49(1) as read with Section 49(4) and compensation for unfair termination.
Whether the claimant proved entitlement to house allowance and salary underpayment
The claimant failed to prove these heads of claim on a balance of probability; they were dismissed
The letter of appointment produced by the claimant did not provide for house allowance over and above the monthly salary of Kshs.20,000 or for a higher salary rate. Without documentary proof of the alleged entitlement, these claims could not succeed even in the respondent's absence.
Legal principles established
#- An employer declaring redundancy must follow the laid down procedures under Section 40 of the Employment Act, 2007, failing which the termination is unfair and unlawful
Court orders
#- 1.Respondent to pay the claimant Kshs. 20,000 in lieu of notice
- 2.Respondent to pay the claimant Kshs. 60,000 as compensation for unfair termination
- 3.Total award of Kshs. 80,000
- 4.Interest at court rates from date of filing suit till payment in full
- 5.Costs of the suit to the claimant
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act, 2007; claim for unfair termination and terminal benefits)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Michael Wanyera v Gulf Energy Transport Limited [2016] KEELRC 1414 (KLR)", Case Analysis (2016). Cause No. 1563 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1414/eng@2016-04-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.