Kenya Union of Comercial, Food and Allied Workers v Magunas Super Stores Limited [2022] KEELRC 553 (KLR)
The bottom line
#A Kenyan employer could not rely on a notice clause to fire a worker without a valid reason and a hearing, and paid twelve months' salary.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination of the grievant's employment was wrongful, unfair and unlawful
The termination was unlawful - no reason was offered and the grievant was not heard before termination.
The court found no reason for termination was offered, defeating the Respondent's reliance on the contractual notice clause. The grievant was not subjected to any hearing, making the termination blanket and summary, contrary to Sections 41 and 43 of the Employment Act which require substantive and procedural fairness.
Whether the Claimant is entitled to the relief sought
Yes - having succeeded on unlawful termination, the Claimant became entitled to relief, and the court awarded twelve months' compensation.
Having found the termination unlawful, the court held the Claimant entitled to relief and awarded compensation equivalent to twelve months' salary computed at Kshs.18,515.15 per month, together with costs of the claim borne by the Respondent. The itemised alternative terminal dues were not separately awarded.
Who bears the costs of the claim
The Respondent bears the costs of the claim.
The claim succeeded against the Respondent, and the court exercised its discretion on costs in favour of the Claimant, ordering the Respondent to bear the costs of the claim.
Legal principles established
#- A contract of service cannot lawfully be terminated without a sustainable reason even where the contract permits termination by notice.
- Termination without a hearing violates the procedural fairness requirements of Section 41 of the Employment Act.
Court orders
#- 1.Twelve (12) months' compensation for unlawful termination of employment - Kshs.217,813.80 (18,515.15 x 12)
- 2.The costs of the claim shall be borne by the Respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over trade disputes under the Labour Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Comercial, Food and Allied Workers v Magunas Super Stores Limited [2022] KEELRC 553 (KLR)", Case Analysis (2022). Statement of Claim dated 17th January, 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/553/eng@2022-03-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.