Pius Kimeu Kiilu v Metal Crowns Limited [2019] KEELRC 1390 (KLR)

The respondent admitted the claimant was not given a hearing and relied on Murgani, a pre-Employment Act case where fairness was satisfied by an exchange of letters. The court held that section 41(2) now mandates an oral hearing in the presence of a union official or fellow employee of the employee's choice, so Murgani does not apply to post-2008 dismissals. Same-day show cause and termination without such a hearing breached fair procedure.

The respondent asserted a company policy that the factory was a meat free zone, relying only on a general discipline clause in the appointment letter. No policy document was produced in evidence. The claimant's written explanation denying knowledge of the food was treated as a denial, and without a hearing there was no opportunity to prove the grounds for termination, so both reason and procedure failed.

The respondent invoked section 47(5) of the Employment Act, which places the burden on the employee to prove unfair termination while the employer must justify the grounds. The respondent relied on a termination letter and an unproduced policy; the court found the grounds unproven and the procedure unfair, warranting maximum compensation given the claimant's clean record and over 12 years of service.