Michael Manyeki Kariuki & another v Steel Makers Limited [2019] KEELRC 1336 (KLR)
The bottom line
#A Kenyan employer who sacks workers without notice or hearing was ordered to pay them a year's salary, plus leave pay.
What this practically means
#Executive summary
#Key legal issues
#Unfair termination without notice, hearing or valid reason
Termination was unfair; claimants granted notice pay and 12 months' salary compensation
The Claimants' uncontested evidence established they were terminated without notice, without a hearing and without valid reasons. The Respondent filed no Response and did not participate. Under employment law, termination without notice, hearing and valid reason is unfair, justifying one month's notice pay and the equivalent of 12 months' gross salary as compensation, as pleaded.
Annual leave pay
Allowed as sought since the Respondent did not avail leave records to contradict the Claimants' evidence
Oral evidence showed the Claimants did not utilize their annual leave entitlement. The burden shifted to the Respondent to disprove this through annual leave records, which were not availed. Unchallenged evidence on this head was therefore accepted and leave pay allowed as pleaded for both Claimants.
Service pay and house allowance
Rejected as murky, jointly pleaded and inflated
The prayer was pleaded jointly without separating service pay from house allowance, and figures in closing submissions differed from those in the Statement of Claim. Further, daily wages under the Regulation of Wages General Order ordinarily include housing allowance, so a separate house allowance claim could not stand.
Legal principles established
#- Uncontested evidence at formal proof establishes employment and the circumstances of termination
- Termination without notice, hearing or valid reason is unfair and attracts notice pay and 12 months' compensation
- Where an employer fails to avail leave records to contradict a claimant's evidence, annual leave pay is allowed
Court orders
#- 1.Respondent to pay Michael Manyeki Kariuki notice pay Kshs. 14,800; annual leave Kshs. 52,080; and 12 months' salary compensation for unfair termination Kshs. 177,600 - total Kshs. 244,480
- 2.Respondent to pay John Randu Kazungu notice pay Kshs. 22,170; annual leave Kshs. 186,228; and 12 months' salary compensation for unfair termination Kshs. 266,040 - total Kshs. 474,438
- 3.Certificates of Service to issue
- 4.Costs to the Claimants
- 5.Interest at 14% per annum from the date of Judgment till payment in full
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over a claim for unfair termination and employment benefits
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Michael Manyeki Kariuki & another v Steel Makers Limited [2019] KEELRC 1336 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1336/eng@2019-06-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.