Jane Gesare Masese v Board of Management Naikuru Pagprimary School [2021] KEELRC 64 (KLR)
The bottom line
#A Kenyan court ruled an ECDE teacher was unfairly fired without a hearing, awarding her Kshs 45,500 in compensation, notice pay, costs and interest.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant was employed by the respondent
Employment relationship proved by the appointment letter dated 27/1/2003 signed by the school's Head teacher.
The claimant produced a letter of appointment dated 27/1/2003 appointing her as ECDE teacher at Naikuru PAG primary school, signed by the school's Head teacher. The court found this constituted proof of employment by the respondent, notwithstanding the respondent's denial that it employs ECDE teachers.
Whether the employment was unfairly and unlawfully terminated
Termination was unfair and unlawful; the respondent failed to prove a valid and fair reason or a fair procedure.
Under section 45(1) and (2) of the Employment Act, an employer must prove a valid and fair reason related to conduct, capacity, compatibility or operational requirements, and that a fair procedure was followed. The claimant testified she was sent away without reason or hearing, unrebutted by the respondent, which failed to discharge its burden. The court applied Kenfreight (EA) Limited v Benson K. Nguti on the employer's duty to explain reasons and hear the employee.
Whether the reliefs sought are merited
Partially merited: notice pay and 12 months' compensation awarded under section 49(1); damages for discrimination/defamation, reinstatement and future earnings refused.
Damages were awarded under section 49(1) of the Employment Act, taking into account 15 years of service and that the dismissal was not caused by the claimant's misconduct. Reinstatement was barred by the three-year limit in section 12 of the ELRC Act; discrimination and defamation damages lacked evidential support; future earnings lacked legal or contractual basis.
Legal principles established
#- No employer shall terminate an employee's employment unfairly; the employer bears the burden of proving a valid and fair reason and a fair procedure.
- An employer must explain reasons for contemplated termination to the employee in the presence of another employee or union official and accord the employee a hearing before terminating.
Court orders
#- 1.One month salary in lieu of notice of Kshs 3,500 awarded to the claimant
- 2.Twelve months' salary as compensation for unfair termination, Kshs 42,000, under section 49(1) of the Employment Act
- 3.Judgment entered for the claimant in the sum of Kshs 45,500 plus costs and interest at court rate from the date of judgment
- 4.The award made subject to statutory deductions
- 5.Claim for general damages for discrimination, mental and psychological anguish and defamation dismissed
- 6.Prayer for reinstatement declined
- 7.Claim for loss of future earnings rejected
- Jurisdiction invoked
- Employment and Labour Relations Court Act, section 12 (reinstatement jurisdiction) and the Employment Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jane Gesare Masese v Board of Management Naikuru Pagprimary School [2021] KEELRC 64 (KLR)", Case Analysis (2021). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/64/eng@2021-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.