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ELRCPartially AllowedCause No. 1418 of 2015· [2020] KEELRC 1706 (KLR)

Francis Mwangi Chege v Shepherd Catering Limited [2020] KEELRC 1706 (KLR)

Employment and Labour Relations Court
15 January 2020
HWHellen S. Wasilwa
996 words in judgment
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The bottom line

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A Kenyan court awarded a driver ten months' salary after his employer fired him without notice, reason, or even a defence in court.

What this practically means

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Executive summary

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The Claimant, a driver employed by the Respondent from 1st November 2012, claimed he was wrongfully and unlawfully terminated without notice on 14th May 2015, and that the Respondent failed to pay salary arrears, overtime and terminal benefits. He sought Kshs. 294,475/- plus costs and interest. The Respondent admitted the employment but denied the claimed salary, asserted the services were mutually terminated due to low business, and denied owing terminal dues. The matter proceeded ex parte on 15th October 2019 after the Respondent failed to attend despite service. The Claimant testified that he earned Kshs. 13,500/- plus Kshs. 6,000/- house allowance, and his submissions invoked Sections 36, 44 and 17(1) of the Employment Act. Justice Hellen S. Wasilwa found the employment established by the payslip and NSSF statement, and that the Claimant was terminated for no apparent reason, his evidence remaining uncontroverted. The court awarded one month's salary in lieu of notice (Kshs. 19,500/-) and ten months' salary as compensation for unlawful termination (Kshs. 195,000/-), totaling Kshs. 214,500/- less statutory deductions, with costs and interest at court rates. Claims for salary arrears, overtime and special duty allowances were not included in the final awards, rendering the outcome partially allowed.

Key legal issues

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01

Unlawful termination

Holding

The Claimant proved unlawful and unfair termination; the Respondent, though served, did not attend or controvert the evidence

Reasoning

The Claimant's payslip and NSSF statement established the employment relationship. The February 2015 payslip showed gross pay of Kshs. 19,500/-. There was no indication of how or why the employment was terminated, and the Claimant's uncontroverted evidence showed he was terminated for no apparent reason. The Respondent failed to attend court despite service, so the evidence stood unchallenged, justifying compensation of ten months' salary plus one month's notice pay.

p. 2
02

Remedies for unfair termination

Holding

One month's salary in lieu of notice and ten months' salary as compensation awarded

Reasoning

Guided by the Employment Act provisions cited in submissions (Sections 36, 44) and the uncontroverted evidence, the court awarded notice pay of Kshs. 19,500/- and compensation of ten months' gross salary at Kshs. 19,500/- per month, totaling Kshs. 214,500/- less statutory deductions, together with costs and interest at court rates.

p. 2

Legal principles established

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  • An employer who terminates employment without stated reason or notice, and who does not controvert the employee's evidence, is liable for unlawful termination

Court orders

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  1. 1.Respondent to pay the Claimant 1 month salary in lieu of notice of Kshs. 19,500/-
  2. 2.Respondent to pay the Claimant 10 months' salary as compensation for unlawful termination of Kshs. 195,000/-, less statutory deductions
  3. 3.Respondent to pay costs of the suit plus interest at Court rates with effect from the date of judgment

Authorities

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Legislation

  • Employment Act, 2007Section 44
  • Employment Act, 2007Section 17(1)
  • Employment Act, 2007Section 36
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act over employment claims

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Francis Mwangi Chege v Shepherd Catering Limited [2020] KEELRC 1706 (KLR)", Case Analysis (2020). Cause No. 1418 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1706/eng@2020-01-15

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