Morris Buri Marube v Societe Generale De Surveillance (SGS) (Kenya) Ltd [2019] KEELRC 2400 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Valid reasons for dismissal
No valid reasons were proved; the evidence did not establish collusion by the Claimant
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.
Procedural fairness
Termination was procedurally unfair because no disciplinary hearing was conducted
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.
Remedies
Claimant awarded the equivalent of 7 months' gross salary as compensation, plus costs, interest and a Certificate of Service
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.
Legal principles established
#- 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
#- 1.Award of 7 months' salary as compensation for unfair termination (Kshs. 560,000/=)
- 2.Costs of the suit to the Claimant
- 3.Interest on the award
- 4.Respondent to issue the Claimant with a Certificate of Service
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.