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Case Brief · caselaw.co.ke
ELRCPartially AllowedNot stated in judgment· [2019] KEELRC 2435 (KLR)

Charles Owino Awino v Mumias Sugar Company Limited [2019] KEELRC 2435 (KLR)

Employment and Labour Relations Court
24 January 2019
780 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A summarily dismissed Kenyan executive won Kshs.1.4 million in unpaid salary, leave pay and allowances, but lost his unfair dismissal compensation claim.

What this practically means

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Executive summary

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The Claimant, formerly Director of Human Resources with the Respondent, claimed terminal benefits following his summary dismissal on 21st April 2016 for alleged dereliction of duty: two months' salary in lieu of notice (Kshs.916,000), arrear salary for 1st to 21st April 2016 (Kshs.320,600), pay for 49 days untaken leave (Kshs.779,545), unpaid car and gas allowance for March to June 2015 (Kshs.338,400) and 12 months' compensation for wrongful dismissal. The Respondent admitted the employment history and dismissal process but contended the dismissal was lawful and fair, that the Claimant being summarily dismissed was not entitled to notice pay or compensation, and put the remaining heads to strict proof. By consent, the parties dispensed with oral evidence and the suit was decided on the bundles and the witness statements of the Claimant and Charles Owino Awino. The court found the arrear salary, leave pay and unpaid car and gas allowances proved on a balance of probabilities, noting the Respondent's witness did not explain why those sums were not payable. Judgment was entered for the Claimant for Kshs.1,438,545 with interest at court rates and costs. However, the claim for a declaration that the summary dismissal was unlawful and unfair was dismissed, as were the claims for notice pay and compensation. Mathews N. Nduma, Judge, delivered the judgment on 24th January 2019.

Key legal issues

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01

Entitlement to arrear salary, untaken leave pay and unpaid allowances

Holding

The Claimant proved these heads on the documents and witness statements admitted by consent

Reasoning

The parties dispensed with oral evidence and agreed the matter be decided on the bundles and witness statements. The Respondent's witness statement did not explain why these claims were not payable. The court found the arrear salary of Kshs.320,600, leave pay of Kshs.779,545 and unpaid car and gas allowance of Kshs.338,400 proved on a balance of probabilities and awarded them with interest.

p. 1
02

Lawfulness and fairness of the summary dismissal

Holding

The claim for a declaration that the dismissal was unlawful and unfair was dismissed

Reasoning

The Claimant was issued a show cause letter, responded to it, attended a disciplinary hearing and was summarily dismissed, with his appeal to the Chief Executive Officer dismissed. On the documentary record the court was not persuaded to grant the declaratory relief or compensation, or notice pay, because the dismissal was summary.

p. 2

Legal principles established

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  • A claimant must prove on a balance of probabilities entitlement to each head of terminal dues claimed
  • An employee summarily dismissed is not entitled to payment in lieu of notice or compensation

Court orders

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  1. 1.Judgment entered in favour of the Claimant against the Respondent for Kshs.320,600 arrear salary from 1st to 21st April 2016
  2. 2.Kshs.779,545 in lieu of 49 days leave
  3. 3.Kshs.338,400 being unpaid car and gas allowance for the period March to June 2015 (total award Kshs.1,438,545)
  4. 4.Interest at court rates till payment in full
  5. 5.Costs of the suit
Jurisdiction invoked
Employment and Labour Relations Court original jurisdiction (underlying statute not specified in the extract)

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, "Charles Owino Awino v Mumias Sugar Company Limited [2019] KEELRC 2435 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2435/eng@2019-01-24

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