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ELRCPartially AllowedNot stated in the judgment (Statement of Claim filed 18th May 2015)· [2019] KEELRC 1357 (KLR)

Pauline Wanjuru W v Kenya Medical Research Institute [2019] KEELRC 1357 (KLR)

Employment and Labour Relations Court of Kenya
12 June 2019
2,235 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court ruled KEMRI/CDC unfairly fired a woman on maternity leave, claiming false redundancy, and awarded her a full year's salary.

What this practically means

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Executive summary

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The Claimant, employed as a Field Coordinator from 15 November 2010 and earning KShs. 90,275, went on maternity leave on 1 February 2012 followed by approved sick leave. Her employment was terminated on account of redundancy by a letter dated 17 May 2012 received on 18 May 2012, effective immediately. She claimed a declaration that the termination was wrongful, unfair and unlawful, terminal benefits totalling KShs. 1,371,320.25, damages for discrimination on account of marriage and pregnancy, and costs. The Respondent maintained the termination was a genuine redundancy caused by funding limitations ending the TB surveillance project, and that terminal dues of KShs. 120,391.39 (including notice pay and leave) were paid. The court framed three issues: the true reason for termination, its fairness, and remedies. It found the Respondent produced no evidence that funding ceased, and RW1 conceded there was no evidence the Kisumu Field Coordinator position had been vacated or that there was a funding limitation, and that the Labour Officer was never informed of the redundancy. The court held the Claimant was discriminated against on account of pregnancy and maternity status, contrary to Article 41 of the Constitution, Article 27(4), and Sections 5(3) and 29 of the Employment Act. The termination also breached Sections 41 and 45(2) for want of valid reasons and fair procedure. The court awarded maximum compensation of 12 months' salary (KShs. 1,083,300), plus costs and interest at court rates from the date of judgment. Notice pay and leave dues, having been paid, were not separately awarded.

Key legal issues

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01

Whether the termination was on account of genuine redundancy or discrimination on account of pregnancy

Holding

The court found the claimed funding cut-off unproven and held the Claimant was discriminated against on account of pregnancy/maternity status

Reasoning

The Respondent asserted funding limitations ended the TB surveillance project, but RW1 conceded there was no evidence the Field Coordinator position in Kisumu had been vacated or that there was a funding limitation, and that the KEMRI/CDC programme was still running. The termination letter did not cite funding exhaustion, and the letter was delivered to the Claimant's house while she was on maternity/sick leave. The court therefore found the redundancy justification untrue and inferred discrimination.

p. 3
02

Whether the termination was fair and justified

Holding

The termination was unfair and unjustified under Sections 41 and 45(2) of the Employment Act

Reasoning

The Claimant received a termination letter dated 17 May 2012 taking immediate effect, with no notice and no opportunity to be heard. Section 40 redundancy procedure (including notification of the Labour Officer) was not followed — RW1 conceded the Labour Officer was not informed. Section 45(2) requires the employer to prove a valid and fair reason and fair procedure, which the Respondent failed to do.

p. 4
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What remedies to award

Holding

Maximum compensation of 12 months' salary (KShs. 1,083,300) plus costs and interest

Reasoning

Given the manner in which the Claimant was treated while on maternity leave, the court found compensation on account of pregnancy and maternity status warranted and awarded the statutory maximum of 12 months' gross salary. Costs and interest at court rates from the date of judgment were also awarded. Notice pay and leave dues had already been paid in the final dues of KShs. 120,391.39.

p. 4

Legal principles established

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  • An employer alleging redundancy must adduce evidence that funding or operational requirements actually ceased; in the absence of such evidence, termination of an employee on maternity leave is treated as discrimination on account of pregnancy
  • A termination is unfair under Section 45(2) of the Employment Act where the employer fails to prove a valid and fair reason and a fair procedure
  • Even where a contract is subject to availability of funds, an employer must notify the employee and give ample notice before terminating on that account

Court orders

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  1. 1.Compensation equivalent to 12 months' salary for the unfair and unlawful termination: 12 x 90,275 = KShs. 1,083,300
  2. 2.Costs of the suit to the Claimant
  3. 3.Interest at court rates with effect from the date of the judgment

Authorities

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Legislation

  • Employment Act, 2007Section 40
  • Employment Act, 2007Section 40(1)(b), (e), (f) and (g)
  • Employment Act, 2007Section 41(1) and (2)
  • Employment Act, 2007Section 42(1)
  • Employment Act, 2007Section 43
  • Employment Act, 2007Section 44(3) and (4)
  • Employment Act, 2007Section 45(2)
  • Employment Act, 2007Section 47(5)
  • Employment Act, 2007Section 5(3)
  • Employment Act, 2007Section 29(1), (2) & (3)
  • Constitution of Kenya, 2010Article 41
  • Constitution of Kenya, 2010Article 27 (including 27(4))

Cases cited (3)

  • Addah Adhiambo Obiro Vs. Ard Inc. [2014] eKLR
    [2014] eKLR
  • Irene Mwende Mutuiri vs. Sen-Tech Limited [2017] eKLR
    [2017] eKLR
  • Kenya Airways Limited Vs. Aviation & Allied Workers Union Kenya & 3 Others [2014] eKLR
    [2014] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes; Article 41 of the Constitution on fair labour practices invoked in the determination

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Pauline Wanjuru W v Kenya Medical Research Institute [2019] KEELRC 1357 (KLR)", Case Analysis (2019). Not stated in the judgment (Statement of Claim filed 18th May 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1357/eng@2019-06-12

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