Henry Chome Ngala v Vickers Security Services Limited [2019] KEELRC 246 (KLR)
The bottom line
#A Kenyan court ruled a security guard's sacking unlawful because the employer never gave him a hearing or notice before claiming he deserted duty.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination of the Claimant's employment was unlawful and unfair
The Respondent unlawfully and unfairly terminated the Claimant's employment; the defence of desertion was not available on the evidence
The Respondent claimed the Claimant declined re-deployment and deserted duty, but no written re-deployment was produced despite employment being evidenced by a letter of appointment. The Respondent's own witness statement showed longstanding performance concerns which were never confronted with the Claimant as required under Section 41 of the Employment Act. Nor was the Claimant put on notice that termination on account of desertion was contemplated.
What remedies flow from the unlawful termination
Six months' salary in compensation and one month's notice pay awarded; house allowance, unlawful deductions, underpayment and service pay claims dismissed
Compensation was assessed at six months' salary considering the Claimant's length of service and the Respondent's conduct. Notice pay followed from the unlawful termination. The house allowance claim failed because the salary was consolidated; the deduction, underpayment and service pay claims failed for want of proof or basis.
Legal principles established
#- Where an employer alleges desertion, it must reach out to the employee and put him on notice that termination on that account is being considered before terminating employment
- Performance and misconduct issues must be confronted with the employee as required under Section 41 of the Employment Act before termination
Court orders
#- 1.Six (6) months' salary in compensation of Kshs. 51,000
- 2.One (1) month's salary in lieu of notice of Kshs. 8,500
- 3.Total judgment of Kshs. 59,500 with interest at court rates from the date of judgment until payment in full
- 4.Claimant awarded the costs of the case
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act and Article 162(2) of the Constitution (employment dispute)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Henry Chome Ngala v Vickers Security Services Limited [2019] KEELRC 246 (KLR)", Case Analysis (2019). Cause No. 225 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/246/eng@2019-11-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.