Fredrick Obiero Owino v Bridge International Academies Limited [2020] KEELRC 1672 (KLR)
The bottom line
#Kenya's Employment Court ruled Bridge Academies unfairly sacked an employee, awarding him over Kshs. 600,000 because it never gave him a fair hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant was on a probationary contract exempting the employer from Sections 36 and 41 of the Employment Act
The Claimant was not on probation; the offer letter made employment contingent only on completion of the AIM Training, and there was no indication of a 6-month probationary period
The court examined the offer letter of 27 March 2014 and found employment was contingent on performance during the AIM Training Programme, which the Claimant completed, hence his continued employment. The letter contained no probation terms; RW1 confirmed the offer letter did not contain any terms of probation. The respondent's contention rested on an unsigned contract the Claimant failed to return, which the court did not accept.
Whether the summary dismissal was procedurally fair under Section 41 of the Employment Act, 2007
The dismissal was unfair and unjustified because the Claimant was never subjected to a disciplinary hearing and the reasons for termination were never tested
Section 41 mandates that before terminating employment on grounds of misconduct or poor performance, the employer must explain the reasons and hear the employee's representations. The Claimant was accorded no such opportunity; no disciplinary process tested the veracity of the allegations of absconding duty and missing meetings. The dismissal therefore failed both the procedural requirements of Section 41 and the constitutional guarantees of fair labour practices and fair administrative action.
Legal principles established
#- An employee whose employment is not subject to a probationary period is entitled to the procedural protections of Section 41 of the Employment Act before termination
- Where an offer letter does not indicate that appointment is subject to a probationary period, a court will not infer one from an unsigned contract
- Termination without a disciplinary hearing, where the veracity of the reasons for termination was never tested, is unfair and unjustified
Court orders
#- 1.Declaration that the Claimant's dismissal was unfair and unjustified
- 2.Payment of 1 month's salary in lieu of notice (Kshs. 55,000/=)
- 3.Payment of 10 months' salary as compensation for unlawful and unfair termination (Kshs. 550,000/=)
- 4.Respondent to pay costs of the suit plus interest at court rates with effect from the date of the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act, 2007; Articles 41 and 47(1) of the Constitution of Kenya, 2010 invoked in the claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Fredrick Obiero Owino v Bridge International Academies Limited [2020] KEELRC 1672 (KLR)", Case Analysis (2020). Cause No. 1266 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1672/eng@2020-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.