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ELRCDismissed· [2019] KEELRC 2066 (KLR)

John Muthike Njiru v Mwea Rice Millers Limited [2019] KEELRC 2066 (KLR)

Employment and Labour Relations Court
11 March 2019
NMNzioki wa Makau
823 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed an employee's unfair dismissal claim because he couldn't prove his case, especially after accepting a Labour Office settlement payment.

What this practically means

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Executive summary

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The Claimant sued the Respondent seeking recompense for what he asserted was an unlawful dismissal. He alleged he was not given an opportunity to dispute the accusation leading to his dismissal, that the Respondent breached a collective bargaining agreement, failed to issue an appointment letter and payslips, failed to pay for public holidays and overtime, and did not adhere to working hours. He sought unpaid notice, unpaid salaries for five months, accrued annual leave, public holiday and weekly rest day pay, and ten months' compensation for wrongful termination, plus costs. The Respondent defended the suit on the basis that the Claimant deserted employment, having been arrested and charged in Cr. Case No. 268/2016 at Wang'uru, and that his claim was fully settled at the County Labour Office at Kerugoya on 30th September 2017, making the suit an abuse of process. The Claimant testified he was dismissed after returning from illness and that the Respondent paid Kshs. 80,802/- out of an assessed Kshs. 261,004/-. The Respondent's witness confirmed the payment at the Labour Office and that overtime and rest day claims were computed. The court found the Claimant failed to prove unfair dismissal: his absence from work was unexplained, he was arrested and incarcerated for an unrelated matter, and he lied about hospitalisation at Embu Hospital. The suit was dismissed on a balance of probabilities with no order as to costs.

Key legal issues

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01

Whether the dismissal was unfair and wrongful

Holding

The Claimant failed to establish unfair dismissal; his absence from work was unexplained, whether attributable to illness or incarceration, and the suit fails on a balance of probabilities

Reasoning

The court found the Claimant was absent from the workplace after being arrested and incarcerated over an unrelated matter, and that he lied about hospitalisation at Embu Hospital. Having failed to report to work and having rejected the Labour Office determination after accepting part payment, the Claimant did not discharge his burden of proving lack of substantive justification or procedural fairness in the dismissal.

p. 2
02

Burden of proof in employment claims

Holding

The burden lay on the Claimant to prove unfairness of the dismissal, which he failed to do

Reasoning

The court held that the Claimant, who alleged verbal dismissal without notice contrary to Sections 35 and 41 of the Employment Act, bore the burden of establishing lack of fairness. His absence from work was unexplained and he failed to satisfy the court of the likelihood of the truth of his case, so the claim could not succeed.

p. 2

Legal principles established

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  • An employee alleging unfair termination bears the burden of proving unfairness on a balance of probabilities

Court orders

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  1. 1.The suit is dismissed
  2. 2.No order as to costs

Authorities

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Legislation

  • Employment ActSection 35(1)(c) and (3)
  • Employment ActSection 41

Cases cited (1)

  • Kennedy Ouru Okise v James Finlay (K) Limited
    [2016] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act; no specific provision quoted 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, "John Muthike Njiru v Mwea Rice Millers Limited [2019] KEELRC 2066 (KLR)", Case Analysis (2019). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2066/eng@2019-03-11

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