Bruno Edu Amunga Ayaya v East Africa Breweries Limited & another [2018] KEELRC 315 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the termination was unfair
Termination was not unfair in substance or procedure; sections 43 and 41 of the Employment Act were satisfied
The claimant admitted the allegations in reply to the show-cause notice and at the disciplinary hearing, establishing a valid reason under section 43 as read with section 47(5). A show-cause letter was issued and a disciplinary hearing accorded, substantially complying with section 41. The discrimination claim failed as the claimant was the only officer facing such allegations. The late appeal was nonetheless considered and disallowed.
Whether the claimant is entitled to the remedies prayed for
Only salary up to 16.09.2013 (Kshs.77,895.00), 19 days' leave pay (Kshs.98,665.00) totaling Kshs.176,560.00, and the provident fund entitlement were awarded; other heads failed
Because the termination was not unfair, compensation, notice pay and post-termination pay were not due. Variable pay was shown to have been paid and the share save scheme had been applied to offset loans. Provident fund was due subject to completion of forms and applicable rules. In the absence of a counterclaim, the accrued salary and leave dues were payable forthwith.
Legal principles established
#- Under sections 43 and 47(5) of the Employment Act, 2007, an employer who shows a valid reason for termination and accords the employee a show-cause and disciplinary hearing effects a fair termination
- A discrimination claim fails where there is no evidence that another officer with similar allegations was not punished
Court orders
#- 1.Payment of Kshs.176,560.00 by 31.01.2019 failing which interest at Court rates from the date of termination 16.09.2013 till full payment
- 2.Declaration that the claimant is entitled to provident fund subject to completion of the relevant forms and compliance with the applicable rules
- 3.Each party to bear own costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment and labour relations claims (Employment Act, 2007)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bruno Edu Amunga Ayaya v East Africa Breweries Limited & another [2018] KEELRC 315 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/315/eng@2018-12-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.