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ELRCDismissedConsolidated Claims (Statements of Claim filed 4th April 2017)· [2019] KEELRC 903 (KLR)

Eunice Nthenya Mutua & 2 others v Kapric Apparells [EPZ] Limited [2019] KEELRC 903 (KLR)

Employment and Labour Relations Court
20 September 2019
JRJames Rika
671 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Employees who resign in writing on medical grounds cannot later claim unfair termination in Kenya's Employment Court.

What this practically means

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Executive summary

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Three Claimants, employed by the Respondent from 2001 as a Mass Production Machinist, a Checker and a Cleaner (later a Checker), brought consolidated claims alleging unfair and unjust termination of their employment on medical grounds between November 2014 and June 2015. They sought declarations of unfair termination, accrued leave for 14 years, service pay, gratuity, one month's salary in lieu of notice, salary for unpaid days, and payment for the balance of a contract period, with varying totals after acknowledging payments received. The Respondent filed a common Statement of Response conceding the employment relationships but asserting that the Claimants applied in writing to retire on medical grounds, supported their applications with medical reports, and were paid their terminal dues including salary for days worked, accrued leave, gratuity and any overtime. The parties agreed the consolidated claims be determined on the record, with closing submissions filed by 18th July 2019. The Court found no dispute that the Claimants left employment for medical reasons and were paid acknowledged terminal dues. It held that the Claimants acted voluntarily, their applications were considered and approved by the Respondent's Management, and approval was communicated to the Shop Stewards. The Court found no wrongdoing on the Respondent's part and held that the Claimants failed to show unfair termination under Section 47(5) of the Employment Act, so the burden of justifying termination never shifted to the Respondent. Termination in all cases was at the Claimants' instigation and the prayers had no foundation. The Consolidated Claims were declined with no order on the costs. Delivered at Mombasa on 20th September 2019 by James Rika, Judge.

Key legal issues

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01

Whether the Claimants were unfairly terminated

Holding

Termination was at the instigation of the Claimants, who applied in writing to retire on medical grounds; no wrongdoing by the Respondent

Reasoning

The Claimants applied in writing to retire, supplied medical reports to justify their applications, and their applications were considered and approved by the Respondent's Management. Approval was communicated to the Shop Stewards and terminal benefits paid. They acted voluntarily, so any finding of wrongdoing against the Respondent was unwarranted.

p. 2
02

Burden of proving unfair termination

Holding

The Claimants failed to discharge the burden under Section 47(5) of the Employment Act, so the burden of justifying termination never shifted to the Respondent

Reasoning

Section 47(5) of the Employment Act requires the employee to show that unfair termination occurred before the employer is called upon to justify the termination. Because the separation arose from the Claimants' own written applications for retirement on medical grounds, that threshold was not met, and the claims had no foundation.

p. 2

Legal principles established

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  • An employee who resigns voluntarily on medical grounds has not been unfairly terminated by the employer, and bears the burden under Section 47(5) of the Employment Act of showing unfair termination before the burden shifts to the employer

Court orders

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  1. 1.The Consolidated Claims are declined with no order on the costs

Authorities

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Legislation

  • Employment ActSection 47[5]
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (Section 47[5] invoked in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Eunice Nthenya Mutua & 2 others v Kapric Apparells [EPZ] Limited [2019] KEELRC 903 (KLR)", Case Analysis (2019). Consolidated Claims (Statements of Claim filed 4th April 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/903/eng@2019-09-20

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