Robert Muchiri v St Mary Academy [2022] KEELRC 997 (KLR)
The bottom line
#A Kenyan school failed to prove poor performance with benchmarks, appraisals and served warning letters, so it must pay a teacher Kshs. 189,000.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination for poor performance was lawful and fair
Termination was without justifiable cause and in violation of due procedure
Poor performance requires the employer to prove identifiable performance benchmarks and appraisal reports, and to have supported the employee to improve, per Section 41 of the Employment Act. No benchmark or appraisal existed. Warning letters alleging misconduct were not proved to have been served, and new grounds could not be introduced at trial. The ground of poor performance was therefore not proved and procedure was not followed.
Entitlement to notice pay
Claimant entitled to one month's salary in lieu of notice
The Claimant received the termination letter on 31st December 2014 and remained an employee until then, so the Kshs. 21,778 payment was salary for December 2014, not notice pay. No evidence of any other payment existed, so notice pay was separately awarded.
Entitlement to leave pay
Leave pay claim disallowed
Following Brookhouse Schools, schools operate set calendars with leave scheduled in advance; absence of leave records does not prove entitlement. The Claimant also admitted taking breaks during school holidays.
Compensation for unlawful and unfair termination
Six months' salary awarded as compensation
The court exercised discretion under the Employment Act, taking into account the Claimant's length of service (about 15 months, October 2013 to December 2014) and the Respondent's unlawful conduct in terminating the employment, awarding six months' salary rather than the twelve months claimed.
Legal principles established
#- Where poor performance is the ground for termination, the employer bears a high level of proof and must have had a performance benchmark or appraisal mechanism
- An employer must prove that warning letters were served on an employee; absent such proof, the employee's denial is adopted
- In schools, lack of leave records does not prove entitlement to leave pay
- An employer cannot introduce new grounds of termination at trial that were not in the termination letter
Court orders
#- 1.Judgment entered in favour of the Claimant: 6 months' salary in compensation of Kshs. 162,000
- 2.1 month's salary in lieu of notice of Kshs. 27,000
- 3.Total award of Kshs. 189,000
- 4.Interest at court rates from the date of judgment until payment in full
- 5.Claimant awarded costs of the case
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (employment dispute)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Robert Muchiri v St Mary Academy [2022] KEELRC 997 (KLR)", Case Analysis (2022). Statement of Claim dated 20th July 2016, filed 21st July 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/997/eng@2022-01-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.