Godfrey Adede v Nation Media Group Limited [2021] KEELRC 891 (KLR)
The bottom line
#The Employment Court ruled Standard Group unfairly sacked a technician without a hearing, awarding him over Kshs.554,000 in damages.
What this practically means
#Executive summary
#Key legal issues
#Whether valid grounds existed for summary dismissal
The reasons given were mere generalities and were not proved; dismissal was substantively unfair
The dismissal letter alleged disobedience of lawful orders and instigation of colleagues, but the Respondent produced no show-cause notice, called no staff members or the supervisor Mr. Aswani to prove the allegations, and RW1 relied on hearsay from Mr. Aswani. Under Sections 43 and 45 of the Employment Act, the employer bore the burden of proving valid reasons, which it failed to discharge.
Whether fair procedure under Section 41 was applied
No hearing or invitation to a disciplinary meeting; procedure was unfair
Apart from an email exchange over the delay on 14th June 2016, there was no disciplinary hearing or opportunity to make representations on the allegations in the termination letter. The Respondent's witness admitted the Claimant was not invited to a disciplinary meeting before termination, violating Section 41(2) of the Employment Act and rules of natural justice.
Entitlement to reliefs under Section 49 of the Employment Act
Notice pay (one month), June salary, six months' compensation and leave pay awarded; house allowance and consequential losses refused
The court substituted the contractual one-month notice for the pleaded three months, awarded salary for 23 days worked, and exercised discretion under Section 49 to award six months' salary given six years of service. Leave pay was allowed because the Respondent produced no leave records. Housing allowance failed on the all-inclusive contract and want of proof.
Legal principles established
#- An employer must prove valid reasons for termination and give the employee an opportunity to be heard before summary dismissal
- Termination without a hearing is ipso facto unfair
Court orders
#- 1.One month's salary in lieu of notice of Kshs.54,273 awarded
- 2.Salary for 23 days worked in June 2016 of Kshs.41,609 awarded
- 3.Six months' salary compensation for unfair dismissal of Kshs.325,638 awarded
- 4.Leave pay as claimed of Kshs.133,381 awarded
- 5.Total award of Kshs.554,901/= plus costs to the Claimant
- 6.Interest at court rates from the date of judgment until full payment, subject to statutory deductions
- 7.Certificate of service to issue forthwith to the Claimant
- 8.House allowance claim declined
- 9.Prayer for consequential loss declined
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Godfrey Adede v Nation Media Group Limited [2021] KEELRC 891 (KLR)", Case Analysis (2021). Cause No. 1045 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/891/eng@2021-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.