Gacheru v Kenyatta University (Cause 971 of 2016) [2022] KEELRC 1449 (KLR)
The bottom line
#A Kenyan court ruled that paying a 'casual' worker monthly makes them a permanent employee entitled to notice and fair dismissal protections.
What this practically means
#Executive summary
#Key legal issues
#Conversion of casual employment under section 37(1) of the Employment Act
Monthly payment converted the claimant's contract to a term (monthly) contract entitling her to notice and statutory safeguards
It was common ground that the claimant was paid at the end of the month. The respondent argued the monthly payments were purely logistical, but the court held that this flew in the face of sections 37 and 35(1)(c) of the Employment Act. The contract having been converted to a term contract, the claimant was entitled to notice before termination and attendant protections.
Entitlements on termination of the converted contract
The claimant was entitled to notice pay, unpaid salary for 11 days in August 2015, leave pay for 2015 and compensation for unfair dismissal
Having found a term contract, the court held the claimant was entitled to notice at termination, plus unpaid salary for the 11 days worked in August 2015, payment in lieu of untaken leave for the year 2015, and compensatory damages for the wrongful, unlawful and unfair dismissal, quantified at one month's salary.
Legal principles established
#- Where a casual employee is paid at the end of the month, the contract is altered to a monthly contract attracting notice and statutory safeguards
Court orders
#- 1.Judgment for the claimant for one month's salary in lieu of notice – Kshs 25,800/-
- 2.Unpaid salary for 11 days worked in August 2015 – Kshs 9,460/-
- 3.Payment in lieu of untaken/unpaid leave for the year 2015 – Kshs 25,800/-
- 4.Compensation for the wrongful, unlawful and unfair dismissal amounting to one month's salary – Kshs 25,800/-
- 5.Costs of the suit to the claimant
- 6.All the sums in (i), (ii), (iii) and (iv) to be subjected to statutory deductions
- Jurisdiction invoked
- Original employment and labour relations jurisdiction; sections 35, 37, 41, 43 and 45 of the Employment Act and articles 41 and 47 of the Constitution invoked
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gacheru v Kenyatta University (Cause 971 of 2016) [2022] KEELRC 1449 (KLR)", Case Analysis (2022). Memorandum of claim dated May 23, 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1449/eng@2022-06-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.