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ELRCDismissedMemorandum of Claim filed 16th April 2015· [2016] KEELRC 1667 (KLR)

Bonface Mutuku v Manpower Network Ltd [2016] KEELRC 1667 (KLR)

Employment and Labour Relations Court
5 February 2016
ANAbuodha J. N.
458 words in judgment
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The bottom line

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A Kenyan worker who claimed he was unfairly sacked lost because he couldn't prove it — evidence and medical proof matter in termination cases.

What this practically means

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Executive summary

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The claimant, employed by the respondent on 7th August 2012 at a monthly salary of Kshs.10,000, sued for compensation for wrongful and unfair termination. He alleged that on 10th March 2015, after completing a normal shift at noon, he was called by a Mr. Mwekesi to report for work at 3 p.m., became unwell, and upon returning for his normal shift was informed his services were no longer needed. The respondent, through its witness Mr. Moses Mburu, asserted instead that the claimant was a casual labourer who refused to report for the 3 p.m. shift meant to cover a shortage of line operators, and returned the next morning only to hand in his work clothes and tools, informing the site manager he had quit. The parties proceeded without oral evidence, on written submissions. The court held that in a claim for wrongful dismissal or unfair termination the burden lies on the claimant to prove the dismissal was wrongful or unfair, while the respondent must show justifiable reasons. The claimant's account was refuted by Mr. Mburu's uncontroverted statement, and the claim of illness lacked medical evidence. The court found the claimant had not made out a case warranting the orders sought and dismissed the claim with costs. Judgment was delivered at Nairobi on 5th February 2016 by Abuodha J. N.

Key legal issues

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01

Whether the termination was wrongful and unfair

Holding

No. The claimant alleged dismissal via a phone call, but the respondent's witness statement contradicted this, asserting the claimant refused a shift and quit the next day. The claimant never controverted that evidence, and his claim of illness was unsupported by medical evidence.

Reasoning

The court placed the burden of proving wrongful or unfair dismissal on the claimant. The claimant's allegation of dismissal by phone call was expressly refuted in the respondent's witness statement of Mr. Mburu, who stated the claimant refused a 3 p.m. shift and returned the following day to hand in his work clothes and tools, saying he had quit. The claimant did not respond to or controvert these allegations in his submissions, and his illness claim had no medical support. The claim therefore failed on the evidence.

p. 2

Legal principles established

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  • In a claim for wrongful dismissal or unfair termination, the claimant bears the burden of showing the dismissal was wrongful or unfair, while the respondent must show justifiable reasons for termination

Court orders

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  1. 1.The claim is dismissed with costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes

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, "Bonface Mutuku v Manpower Network Ltd [2016] KEELRC 1667 (KLR)", Case Analysis (2016). Memorandum of Claim filed 16th April 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1667/eng@2016-02-05

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