Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedNot stated in the judgment as provided· [2017] KEELRC 1981 (KLR)

Waweru Mbogo v G4s Security Services (K) Ltd [2017] KEELRC 1981 (KLR)

Employment and Labour Relations Court
3 November 2017
RSRadido Stephen
868 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

A Kenyan court awarded a security guard nearly Kshs 280,000 after G4S failed to defend claims of unfair dismissal.

What this practically means

#

Executive summary

#
The claimant, employed by the respondent as a security guard from 23 June 1993, was summarily dismissed on 14 September 2016 on grounds of negligence, particularised as fighting a client's employee and failing to adhere to the G4S values and code of conduct. His uncontested testimony was that on 16 August 2016 he caught an employee of Mini-Bakeries with bread and yeast and, in inspecting him, there was an altercation of pushing and shoving, after which he was directed to hand over the assignment. A disciplinary hearing set for 30 August 2016 was postponed to 31 August 2016, when it proceeded without the shop steward he had requested, and he was issued with a summary dismissal letter. He was not given notice, his appeal went unanswered, and he was not paid wages up to dismissal or 2016 annual leave. The respondent was duly served with summons and pleadings but entered no appearance and filed no response, so the cause proceeded undefended on 28 September 2017. The court held the claimant had discharged his burden under section 47(5) of the Employment Act, 2007, and the respondent had failed to discharge its burden under sections 43 and 45 to prove valid and fair reasons for dismissal. The court found the summary dismissal unfair and awarded one month's pay in lieu of notice (Kshs 11,330/-), maximum compensation of Kshs 261,744/- given 23 years of service, and pro rata leave of Kshs 5,948/-, totaling Kshs 279,022/-, with costs to the claimant. The overtime claim was abandoned at the hearing.

Key legal issues

#
01

Whether the summary dismissal was unfair

Holding

The summary dismissal was unfair; the claimant discharged his burden under section 47(5) and the respondent failed to discharge its burden under sections 43 and 45.

Reasoning

The claimant testified that the disciplinary hearing proceeded without his chosen colleague (shop steward), he was not given notice of dismissal, and his appeal went unanswered. His uncontroverted testimony satisfied the section 47(5) burden. Sections 43 and 45 required the employer to prove valid and fair reasons, but the respondent, having been duly served, entered no appearance and filed no response, thus failing to discharge that burden.

p. 2
02

Remedies for unfair termination

Holding

One month's pay in lieu of notice, maximum 12 months' compensation given 23 years of service, and pro rata leave were awarded.

Reasoning

Relying on section 35(1)(c), the court awarded one month's salary in lieu of notice (Kshs 11,330/-). Considering the claimant's 23 years of service, the court awarded the maximum compensation based on the gross salary at termination (Kshs 21,812/- x 12 = Kshs 261,744/-). The pro rata leave claim of Kshs 5,948/- for 9 months worked in 2016 was allowed.

p. 2

Legal principles established

#
  • An employee alleging unfair termination discharges his initial burden under section 47(5) of the Employment Act, and where the employer fails to file a response or attend hearing, the employer fails to discharge the burden under sections 43 and 45 to prove valid and fair reasons for dismissal.

Court orders

#
  1. 1.Pay in lieu of notice of Kshs 11,330/-
  2. 2.Compensation of Kshs 261,744/- (maximum compensation)
  3. 3.Pro rata leave of Kshs 5,948/-
  4. 4.Total award of Kshs 279,022/- payable by the Respondent to the Claimant
  5. 5.Claimant to have costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (first-instance unfair termination cause)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Waweru Mbogo v G4s Security Services (K) Ltd [2017] KEELRC 1981 (KLR)", Case Analysis (2017). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/1981/eng@2017-11-03

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