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Case Brief · caselaw.co.ke
ELRCPartially AllowedNot stated in the judgment· [2019] KEELRC 2400 (KLR)

Morris Buri Marube v Societe Generale De Surveillance (SGS) (Kenya) Ltd [2019] KEELRC 2400 (KLR)

Employment and Labour Relations Court
21 January 2019
2,406 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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An employer who skips a disciplinary hearing and cannot prove valid grounds must pay compensation, even with a show cause letter.

What this practically means

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Executive summary

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The Claimant, employed as an Assistant Weighbridge Manager at the Gilgil weighbridge from 21st December 2012 to 18th June 2013 on a monthly gross salary of Kshs. 80,000, sued SGS Kenya Limited for unlawful and unfair termination. The dismissal arose from allegations that on 23rd May 2013 he facilitated vehicle KBU 832K to transgress the weighbridge without recording its axle weight. The Claimant denied collusion, maintaining that he authorised the vehicle's pursuit and return, that the weighing scale was faulty, and that he recorded the weight manually for comparison. The Respondent maintained the dismissal was for gross misconduct after due process, including a show cause letter. The court framed three issues: valid reasons, due process, and remedies. On the first, it found no records of vehicle document handover were produced and it was unclear under whose watch the vehicle was driven off, so the employer failed to prove valid reason. On procedure, the court found no disciplinary hearing was conducted, though the Claimant was given a show cause letter; consequently the termination was unfair and unjustified under Section 45(2) of the Employment Act 2007. The court allowed the claim in part, awarding 7 months' salary (Kshs. 560,000) as compensation for unfair termination, plus costs and interest, and ordered issuance of a Certificate of Service. The other heads of relief sought, including general and exemplary damages, were not awarded.

Key legal issues

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01

Valid reasons for dismissal

Holding

No valid reasons were proved; the evidence did not establish collusion by the Claimant

Reasoning

The dismissal letter cited collusion with the transporter to transgress. However, the Claimant and the Respondent's witness (RW1) both handled the vehicle, and no records of handover of vehicle documents were produced. It was unclear under whose watch the vehicle was driven off, so the employer failed to prove the reason for termination.

p. 4
02

Procedural fairness

Holding

Termination was procedurally unfair because no disciplinary hearing was conducted

Reasoning

Section 45(2) of the Employment Act requires the employer to prove the termination followed fair procedure. The Claimant testified the disciplinary hearing was called only after his employment had terminated, and RW1 admitted he neither attended nor handled the disciplinary hearing. The court found that a disciplinary hearing would have resolved the conflicting accounts but was never done.

p. 4
03

Remedies

Holding

Claimant awarded the equivalent of 7 months' gross salary as compensation, plus costs, interest and a Certificate of Service

Reasoning

Having found the termination unfair and unjustified, the court awarded compensation equivalent to 7 months' salary at the gross salary of Kshs. 80,000 per month, computed as Kshs. 560,000, together with costs and interest, and directed issuance of a Certificate of Service.

p. 5

Legal principles established

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  • An employer bears the burden under Section 45(2) of the Employment Act to prove valid reason and fair procedure for termination; absence of a disciplinary hearing renders termination unfair

Court orders

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  1. 1.Award of 7 months' salary as compensation for unfair termination (Kshs. 560,000/=)
  2. 2.Costs of the suit to the Claimant
  3. 3.Interest on the award
  4. 4.Respondent to issue the Claimant with a Certificate of Service

Authorities

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Legislation

  • Employment Act 2007Section 45(2)

Cases cited (1)

  • Principal and BOG Machakos Teachers College vs. Wambua Muange
    [2016] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act 2007

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, "Morris Buri Marube v Societe Generale De Surveillance (SGS) (Kenya) Ltd [2019] KEELRC 2400 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2400/eng@2019-01-21

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