Gerald Kaai Mureithi v Sunripe (1976) Limited [2018] KEELRC 332 (KLR)
The bottom line
#A Kenyan court ruled that firing a sick or injured worker without a hearing or medical examination is unfair, awarding the employee a year's salary in compensation.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination was wrongful, unfair and unlawful
The termination was unfair and unlawful; the employer failed to follow due process for termination on medical grounds, including a hearing and medical examination.
The claimant was terminated on account of ill health following a road traffic accident. The court adopted the reasonable accommodation principle and the medical grounds procedure: the employer was obliged to support the employee's recovery, subject him to a specific medical examination and give notice of termination. The respondent did none of these - no hearing, no medical examination to determine capacity - and the termination letter was dated before the medical report was presented.
Whether the deduction of the alleged Sacco loan from terminal benefits was lawful
The offset was unlawful; the loan and the authority to offset were not proved.
The claimant denied owing anything to Sunripe Sacco, a separate entity from the respondent. The respondent produced no evidence of the loan or of its authority to deduct it from terminal dues. The loan remained a mere allegation and the court held the burden lay on the respondent to prove both the debt and the authority to offset.
Entitlement to relief
The claimant was entitled to relief having succeeded on unlawful termination.
Having won on the unlawful termination claim, the claimant was granted one month's salary in lieu of notice and the maximum 12 months' compensation for unfair termination.
Legal principles established
#- Where an employee is injured or taken ill during employment, the employer must reasonably accommodate the employee, going beyond grant of sick leave, including modification of duties, hours, workplace or reassignment.
- Termination on medical grounds requires a specific medical examination and notice of impending termination; failure to follow the procedure amounts to unfair termination.
- A party alleging a debt (the sacco loan offset) bears the burden of proving it; an unproven offset of terminal dues is unlawful.
Court orders
#- 1.One (1) month's salary in lieu of notice of Kshs.12,000.00
- 2.12 months' compensation for unlawful termination of employment of Kshs.144,000.00 (Kshs.12,000.00 x 12)
- 3.Total award of Kshs.156,000.00
- 4.The costs of the claim to be borne by the respondent
- Jurisdiction invoked
- Employment and labour relations jurisdiction of the Industrial Court of Kenya (employment dispute under the Employment Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gerald Kaai Mureithi v Sunripe (1976) Limited [2018] KEELRC 332 (KLR)", Case Analysis (2018). Cause No. 1596 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/332/eng@2018-12-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.