Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedCause Number 1248 of 2013· [2018] KEELRC 2256 (KLR)

Violet Bundi v Kenafric Industries Limited [2018] KEELRC 2256 (KLR)

Employment and Labour Relations Court of Kenya at Nairobi
16 February 2018
ANAbuodha J. N.
970 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court ruled a probationary employee's termination was mutual, not an unlawful redundancy, dismissing her claim.

What this practically means

#

Executive summary

#
The claimant, employed as a Human Resource Administration Officer by the respondent on 2nd January 2013 at a monthly salary of Kshs 65,000 under a six-month probationary period, sued alleging that on 30th May 2013 her position was unlawfully and unprocedurally declared redundant without reason as required by section 40 of the Employment Act, and without notice of the restructuring. The respondent's case was that she performed poorly during probation, earning two warning letters, and that on 29th May 2013 her performance was evaluated and it was mutually agreed her services be terminated; it paid her seven days' salary in lieu of notice and terminal dues. The respondent exhibited the warning letters and an email exchange in which the claimant pleaded that her attitude not be used as the ground of termination since it would harm her future job prospects, and that redundancy be used instead. The claimant denied the documents, claiming her email account was hacked, but filed no application challenging their authenticity and made no reply to the memorandum of response. The court found mere denial and the hacking allegation unconvincing, held the termination while on probation was mutual and that the redundancy reason was adopted to protect the claimant's future prospects, dismissed the claim with costs, and ordered accordingly on 16th February 2018.

Key legal issues

#
01

Whether the claimant was terminated on account of unlawful redundancy under section 40 of the Employment Act

Holding

No. The court found the termination was mutual, agreed on grounds of poor performance and attitude, with the redundancy reason adopted at the claimant's own request to protect her future employment prospects.

Reasoning

The respondent pleaded and exhibited two warning letters during probation and an email exchange in which the claimant asked that her attitude not be used as the ground of termination. The claimant denied knowledge of the letters and claimed her email was hacked but filed no application challenging the documents' authenticity. Mere denial and the hacking allegation were found unconvincing. The court concluded the parties mutually agreed to end the probationary employment, using redundancy as the stated reason.

p. 2
02

Evidential weight of unchallenged documents in the respondent's pleadings

Holding

Unchallenged annextures (warning letters and emails) filed with the memorandum of response stand, and mere denial or an unsubstantiated claim of hacking does not displace them.

Reasoning

The claimant admitted in cross-examination that she had filed no application to challenge the authenticity of the documents. She denied receiving the warning letters and claimed her account was hacked, yet did not object to the emails. The court treated her bare denial as unconvincing, particularly since the memorandum of response with annextures had been filed on 11th February 2014 without any replying response from the claimant.

p. 2

Legal principles established

#
  • Termination of a probationary employee in accordance with the probation clause (one week's notice or salary in lieu) may be by mutual agreement, and the stated reason on a termination letter may be one agreed between the parties rather than the true ground of termination

Court orders

#
  1. 1.The claim is dismissed with costs
  2. 2.It is so ordered

Authorities

#

Legislation

  • Employment Actsection 40
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act over employment disputes (Cause Number 1248 of 2013)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Violet Bundi v Kenafric Industries Limited [2018] KEELRC 2256 (KLR)", Case Analysis (2018). Cause Number 1248 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2256/eng@2018-02-16

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