John Kipkurgat Sang v Board of Management Kerotet Girls High School [2020] KEELRC 1896 (KLR)
The bottom line
#A Kenyan court ruled that a 'casual' cook who worked seven months was actually a monthly employee, so the school unfairly terminated him without notice or redundancy pay.
What this practically means
#Executive summary
#Key legal issues
#Status of the claimant's employment
Though engaged as a casual/temporary cook, having worked seven months the contract was deemed monthly under section 37 of the Employment Act
The claimant worked for seven months awaiting Board interviews. Under section 37, a casual engaged for the equivalent of not less than one month is deemed a monthly employee to whom section 35(1)(c) notice provisions apply. The temporary letter did not alter this deeming.
Fairness of termination
Termination was unfair under section 45: the reasons (failure to meet interview criteria) may have been justifiable, but the claimant was not notified nor compensated as redundant
The claimant had served without complaint and had a reasonable expectation to continue. He lost his post after an interview on academic and recommendation criteria he was never previously measured against. Since he was effectively displaced without notice or redundancy compensation, justice and equity were not observed.
Quantum of relief
Award of one month's notice pay (Kshs 7,000), 14 days' pro rata leave pay (Kshs 3,270) and two months' salary as compensation (Kshs 14,000), totaling Kshs 24,270, plus costs
The court took into account the short duration of employment - seven months - in calibrating compensation for unfair termination, and granted notice pay and pro rata leave under the Employment Act provisions it had identified.
Legal principles established
#- A casual employee engaged for a period equivalent to not less than one month is deemed to be employed on monthly wage terms under section 37 of the Employment Act
- A termination is unfair where the employer fails to act in accordance with justice and equity, including failing to notify the employee of the reasons and compensate them as redundant
Court orders
#- 1.Payment of one month's salary in lieu of notice (Kshs 7,000)
- 2.Payment of 14 days' pro rata leave pay (Kshs 3,270)
- 3.Payment of two months' salary as compensation for unfair termination (Kshs 14,000)
- 4.Costs of the suit to the claimant
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (claims of unfair termination and terminal dues)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Kipkurgat Sang v Board of Management Kerotet Girls High School [2020] KEELRC 1896 (KLR)", Case Analysis (2020). ELRC Case No 375 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1896/eng@2020-02-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.