Loice Anyango v James Finlay (K) Ltd [2018] KEELRC 1707 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the claim is statutorily time barred
The issue was already decided in a ruling of 17th October 2017 and is spent and res judicata; no further consideration was required.
The court noted that the time-bar question had been tried and determined in a ruling delivered on 17th October 2017. It declined to reopen the matter, holding the issue res judicata, and proceeded to determine the remaining issues on the merits of the unfair termination claim.
Whether the termination of the claimant's employment was wrongful, unfair and unlawful
The termination was unlawful; the respondent failed to prove a valid reason and fair procedure.
The court found the respondent's case riddled with gaps: no suspension or show cause letter produced, no letter inviting the claimant to the disciplinary hearing, no evidence of the charges, no production of the claimant's response, no admission of guilt, and disciplinary minutes that were muddled and not an expression of an open and fair hearing. There was also no evidence of payment of terminal dues. On a balance of probability, unlawful termination was established.
Whether the claimant is entitled to the relief sought
Yes, the claimant is entitled to relief, granted as one month's salary in lieu of notice and eight months' compensation for unfair termination.
Having succeeded on the claim of unlawful termination, the claimant was held entitled to relief. The court awarded one month's salary in lieu of notice (Kshs.10,379.00) and eight months' salary as compensation for unlawful termination (Kshs.83,032.00), totalling Kshs.93,411.00, rather than the twelve months' maximum compensation sought.
Legal principles established
#- An employer who alleges payment of terminal dues on termination must adduce documentary evidence in support, failing which the defence is weakened.
- Disciplinary proceedings should be clear and comprehensible to the employee and participants; muddled proceedings do not amount to a fair hearing.
Court orders
#- 1.One (1) month's salary in lieu of notice of Kshs.10,379.00
- 2.Eight (8) months' salary as compensation for unlawful termination of employment, Kshs.10,379.00 x 8 months = Kshs.83,032.00
- 3.Total award of Kshs.93,411.00
- 4.The costs of the claim to be borne by the respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (as a first-instance employment cause)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Loice Anyango v James Finlay (K) Ltd [2018] KEELRC 1707 (KLR)", Case Analysis (2018). Cause No. 6 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1707/eng@2018-06-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.