Joseph Wahome Karangi v Express Inn [2019] KEELRC 712 (KLR)
The bottom line
#A Kenyan court ruled an employer's phone-call dismissal without notice or a hearing was unfair, awarding the employee compensation, costs and interest.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness of the termination
The termination was unprocedural and unfair because the Claimant was dismissed on the day he was sent on leave, without notice and without the hearing mandated by Section 41 of the Employment Act
The court held that an employee is entitled to leave, notice and the Section 41 notification. Section 41 is mandatory: an employee accused of misconduct must be heard in the presence of a union representative or fellow employee of their choice. The Claimant was accused of poor performance/misconduct and merely informed of the termination by telephone, with no hearing. Consequently the termination was unfair regardless of the employer's grounds.
Remedies for unlawful termination
The Claimant was awarded 28 days' salary in lieu of notice, 3 months' salary as compensation, costs and interest
Having found the termination unlawful, the court exercised its discretion to grant notice pay and a compensatory award of three months' salary rather than the twelve months' maximum sought. Costs of the suit and interest at court rates from the date of judgment were also granted.
Legal principles established
#- Section 41 of the Employment Act is mandatory; failure to accord an employee a hearing before termination renders the outcome unfair
- Terminating an employee on the very day he is sent on leave, without notice, is unprocedural
Court orders
#- 1.Payment of 28 days salary in lieu of notice – Kshs. 22,582.87
- 2.Payment of 3 months salary as compensation for the unlawful and unfair termination – Kshs. 75,000/-
- 3.Costs of the suit to the Claimant
- 4.Interest on the sums awarded at court rates from the date of judgment till payment in full
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act 2007 and the Employment and Labour Relations Court (Procedure) Rules 2016 (suit disposed of under Rule 21)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Joseph Wahome Karangi v Express Inn [2019] KEELRC 712 (KLR)", Case Analysis (2019). Cause No 182 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/712/eng@2019-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.