Julius Orina Oirere v Eastleigh Pharmaceuticals Limited [2020] KEELRC 1785 (KLR)
The bottom line
#A Kenyan employer who fires a worker without notice, a hearing, or a written reason was ordered to pay over Kshs. 280,000 in compensation.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant absconded or was dismissed
The Claimant was summarily dismissed without notice or valid reason; he did not abscond.
RW1 and RW2 gave conflicting dates for the alleged desertion (24/2/2014 and 13/2/2014) and offered no reason for it. The demand letter dated 24/2/2014 was consistent with the Claimant's testimony, and the Respondent never responded to it or wrote any letter about desertion. The court believed the Claimant's account that he was told to vacate his office on 14/2/2014 and to await written communication that never came.
Evidential effect of the employer's failure to issue a written letter of appointment
An adverse presumption is drawn against the employer; the court accepted the Claimant's version that he served from 2007 at Kshs.31,000 per month.
Section 2 of the Employment Act obligates an employer to provide a written letter of appointment. The Respondent admitted it failed to do so and could produce only one computer-generated pay slip. Where parties adduce conflicting evidence on matters the law requires to be in writing, the court presumes the unproduced document would have been adverse to the party obligated to produce it.
Quantum of compensation and terminal benefits
Six months' salary compensation plus notice pay, four years' untaken leave, unpaid salary to 14/2/2014, and service pay for 3 years.
Guided by Standard Group Limited v Jerry Luesby (2018) eKLR on assessing compensation, the court considered the Claimant's sudden loss of employment at 45 years, loss of career prospects, non-contribution to the dismissal, non-payment of terminal benefits, and the Respondent's failure to remit NHIF and NSSF for 3 years, awarding the equivalent of six months' salary.
Legal principles established
#- Where the law obligates an employer to provide written particulars (e.g. a letter of appointment) and the employer fails to produce it, the court presumes its contents would have been adverse to the employer.
- Summary dismissal without notice, notice to show cause or a disciplinary hearing, and without a valid reason, violates Sections 36, 41, 43 and 45 of the Employment Act.
Court orders
#- 1.Award of six months' salary as compensation for unlawful dismissal (Kshs. 186,000)
- 2.Kshs. 31,000 in lieu of one month notice
- 3.Kshs. 124,000 in lieu of four years untaken leave
- 4.Unpaid salary to 14/2/2014 in the sum of Kshs. 15,500
- 5.Service pay for 3 years at 15 days salary per year in the sum of Kshs. 49,500
- 6.Total award of Kshs. 282,000
- 7.Interest at court rates from date of judgment in respect of compensation and from date of filing suit in respect of terminal benefits till payment in full
- 8.Costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act, 2007)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Maina v Muriungi & 2 others (t/a Sheikh & Co Advocates) (Cause 23 of 2021) [2024] KEELRC 2252 (KLR)[2024] KEELRC 2252 (KLR)19 Sept 2024
Cite this brief
#Cite this brief
Caselaw, "Julius Orina Oirere v Eastleigh Pharmaceuticals Limited [2020] KEELRC 1785 (KLR)", Case Analysis (2020). Not stated in the judgment (suit filed on 19/3/2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1785/eng@2020-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.