Chrispinus Wabwire v Spinknit Limited [2020] KEELRC 1369 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Validity of the reason for summary dismissal
There was no evidence supporting the reason stated in the dismissal letter; there was a variance between the notice to show cause, suspension, disciplinary proceedings and the ultimate notice of summary dismissal
The disciplinary proceedings centred on the claimant's absence from his duty station, yet the dismissal letter alleged creating commotion by spreading false information about Unitas. No material evidence supported that allegation, and the claimant had dared the respondent to call a witness. The variance meant the employer failed to prove a valid and fair reason under sections 43 and 45 of the Employment Act.
Remedies for unfair termination
The claimant was entitled to notice pay and compensation under sections 45(2) and 49 of the Employment Act; compensation assessed at one month's gross wage due to his poor disciplinary record
Without a valid and fair reason the termination was unfair. In assessing compensation under section 45(5), the court considered the claimant's work record, including a prior summary dismissal in March 2013 for gross misconduct later lifted after union intervention, and awarded one month's gross wage as compensation plus notice pay at the last gross wage of Ksh.14,763.
Leave pay and certificate of service
Leave pay of Ksh.9,309 awarded as unchallenged since the respondent filed no work records; certificate of service due under section 51
The respondent did not file any work records regarding leave, so the claim was unchallenged and succeeded. A certificate of service is a statutory entitlement under section 51 of the Employment Act, 2007 and was due to the claimant.
Legal principles established
#- The employer bears the burden under section 43 of the Employment Act to demonstrate a valid reason for termination
- The court does not re-enact the internal disciplinary process but examines the legality and reasonableness of the employer's action
Court orders
#- 1.A declaration that employment terminated unfairly
- 2.Compensation of Ksh.14,763 (one month's gross wage)
- 3.Notice pay of Ksh.14,763
- 4.Leave pay of Ksh.9,309
- 5.Certificate of service to issue under section 51 of the Employment Act, 2007
- 6.Dues under (b), (c) and (d) subject to the provisions of section 49(2) of the Employment Act, 2007
- 7.Claimant awarded 50% of his costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (sections 40, 43, 45, 49, 51)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chrispinus Wabwire v Spinknit Limited [2020] KEELRC 1369 (KLR)", Case Analysis (2020). Cause No. 52 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1369/eng@2020-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.