Yaron Gureviuch v Selecta Kenya Gmbh & Co Kg [2021] KEELRC 608 (KLR)
The bottom line
#A Kenyan court ruled a manager's dismissal unfair because the company gave no reason, held no hearing, and tried to punish him after employment had already ended.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination of 27.3.2020 was substantively and procedurally unfair
Termination was unfair and unlawful - no valid and fair reason was proved and no fair hearing was accorded
The termination letter was silent on the reason for dismissal and no hearing was shown. The respondent failed to prove the alleged relationship with Anne Obura or that the CEO's command to dismiss her was lawful. Communication of dismissal through juniors was humiliating, and section 41's mandatory explanation-and-hearing procedure was not followed despite payment in lieu of notice.
Whether the summary dismissal of 15.6.2020 was null and void
It was null and void because the employment relationship had already ended on 27.3.2020
The first termination took effect immediately since salary was paid in lieu of notice and the claimant was directed to hand over and exit immediately. With the contract at an end, there was no legal or contractual basis to discipline or punish the claimant. The court followed Kennedy Obala Oaga v Kenya Ports Authority where a post-resignation summary dismissal was declared null and void.
What reliefs the claimant merits
Four months' notice pay shortfall, six months' compensation, house allowance, leave days, bonus and a Certificate of Service granted; other monetary claims declined
Only two of six months' notice pay was paid, so four months were awarded. Six months' compensation was granted considering three years of high performance, non-contribution to dismissal and lack of subsequent employment. House allowance was allowed as the respondent stopped rent payments without proof of further payment; leave and the declared bonus were uncontradicted.
Legal principles established
#- Termination is unfair under section 45 of the Employment Act where the employer fails to prove valid and fair reasons and a fair procedure
- Payment of salary in lieu of notice does not absolve an employer from complying with the mandatory hearing procedure in section 41
- Disciplinary proceedings and summary dismissal after the employment relationship has ended are null and void
Court orders
#- 1.Declaration that the dismissal of the claimant was unfair and unlawful
- 2.Declaration that the purported disciplinary proceedings of 2.6.2020 and the summary dismissal of 15.6.2020 were null and void
- 3.Award of the outstanding 4 months' salary in lieu of notice being €7100 x 4 = €28,400
- 4.Award of 6 months' gross salary as compensation for unfair termination being €7100 x 6 = €42,600
- 5.Award of 3 months' house allowance of Kshs 750,000 (Kshs 250,000 x 3)
- 6.Award of 18 leave days' pay being 18 x €7100/30 = €4,260
- 7.Award of bonus of €13,732 declared by the CEO on 9.3.2020
- 8.Issuance of a Certificate of Service pursuant to Section 51 of the Employment Act
- 9.Total award of €88,992 plus Kshs 750,000, subject to statutory deductions
- 10.Costs of the suit to the claimant plus interest at court rates from the date of filing suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (sections 41, 43, 45, 49 and 51 relied upon)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Yaron Gureviuch v Selecta Kenya Gmbh & Co Kg [2021] KEELRC 608 (KLR)", Case Analysis (2021). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/608/eng@2021-10-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.