Francis Aswani Bwana v Kenya Airfreight Handling Limited [2019] KEELRC 2245 (KLR)
The bottom line
#Kenya's Employment Court ruled a security officer's dismissal over stolen cargo was lawful because he skipped mandatory procedure, and employees cannot claim salaries for years they never worked.
What this practically means
#Executive summary
#Key legal issues
#Validity of the reason for dismissal
The Claimant was dismissed for a valid reason - negligence in handling the precious cargo, which led to its theft.
The Claimant admitted he could dispatch cargo and sign for it later, contrary to the procedure described by his own witness and the Respondent's witness that the cargo must be signed for when moved from the safe to the aircraft. The failure to follow procedure allowed the thieves to steal the unsealed gold from the cargo hold. As security officer he was obliged to ensure protocol was followed regardless of pressure not to delay the flight. His conduct was carelessness, if not criminal.
Entitlement to dues and future salaries
The Claimant received his dues upon reduction of the summary dismissal to normal termination; future salaries to retirement are not claimable.
The Claimant testified he received around Kshs. 800,000 upon dismissal and the Respondent submitted he received Kshs. 844,171 unconditionally. The court agreed with Rika J in D.K. Njagi Marete that anticipatory salaries up to retirement would not be a fair and reasonable remedy, and added nothing further. The suit was therefore devoid of merit and dismissed with no order as to costs.
Legal principles established
#- An employer terminates an employee's services for a valid reason where the employee's negligence breaches mandatory cargo-handling procedure, even where the employee claims pressure not to delay a flight.
- A claim for future salaries/anticipatory salaries up to mandatory retirement age is not a fair and reasonable remedy for termination.
Court orders
#- 1.The suit is dismissed
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Original employment and labour relations jurisdiction; suit transferred from the High Court of Kenya to this court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Francis Aswani Bwana v Kenya Airfreight Handling Limited [2019] KEELRC 2245 (KLR)", Case Analysis (2019). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2245/eng@2019-02-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.