Chandi v One Acre Fund (Cause 377 of 2018) [2022] KEELRC 1572 (KLR)
The bottom line
#A Kenyan court upheld dismissal for poor performance, ruling that employees who skip disciplinary hearings can't later claim unfair termination or future pay.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness of the termination
The Respondent substantially complied with sections 35(1)(c) and 41 of the Employment Act; termination was procedurally fair.
The Claimant was issued a show-cause notice setting out allegations and invited to a written response and an oral hearing, with the right to be accompanied by a colleague. He declined to respond or attend, offering only his Labour Office complaint as explanation, which the Court held was not a valid excuse. The statutory requirements of notification and hearing were therefore met.
Substantive fairness of the termination
The reason for termination (poor performance) was valid and fair.
Under sections 43 and 45 of the Employment Act the Respondent bore the burden of proving validity and fairness of the reason. The Respondent set out job expectations, reviewed performance, identified deficiencies, and placed the Claimant on a 12-week Performance Improvement Plan with support meetings. Performance did not improve, justifying separation. A reasonable employer would have taken the same decision.
Breach of contract - anticipated income and allowances
No breach established; the claimed future income and allowances were not due.
The Claimant sought income to the end of his 14-month contract plus flight, travel, laptop, medical, education and housing allowances. The Respondent showed these were reimbursable benefits not utilised, and some were bonus-based and not earned. The Court found no contractual or legal foundation for the claims and endorsed the Uganda Supreme Court's position that such claims are speculative.
Legal principles established
#- An employee cannot be compensated for the unexpired remainder of a terminated contract, nor for future allowances and benefits, as such claims are speculative.
- Filing a complaint with the Labour Office does not excuse an employee from responding to a show-cause notice or attending a disciplinary hearing.
Court orders
#- 1.The Cause is dismissed with costs.
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act (Cause heard as a employment dispute; no specific provision quoted)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chandi v One Acre Fund (Cause 377 of 2018) [2022] KEELRC 1572 (KLR)", Case Analysis (2022). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1572/eng@2022-06-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.