Masters Fabricators Limited v Oiro (Appeal E053 of 2020) [2023] KEELRC 1723 (KLR)
The bottom line
#A Kenyan court confirmed an employer must pay Kshs 218,800 plus interest and costs for firing a worker who sued over a workplace injury.
What this practically means
#Executive summary
#Key legal issues
#Whether the verbal termination was lawful and fair
The termination was unlawful and unfair; the employee was victimized for suing his employer under WIBA and dismissed without notice, notice to show cause or hearing
PW1 produced official court records of Nairobi CMCC No 7174 of 2016 corroborating that he attended a WIBA hearing on 26/3/2018 and was refused entry to work the next day. The appellant failed to produce CCTV footage, the security guard, or any statement supporting the theft allegation. The dismissal letter written a month later was a ruse to sanitise an unlawful verbal termination.
Whether the award of eight months' salary as compensation was justified
The award of the equivalent of eight months' salary (Kshs 153,600) was upheld, the employee having served eight years and having suffered a work injury for which he sued the employer
Although the trial court should have given reasons under Section 49(1)(c) and (4) of the Employment Act, this court independently found aggravating factors: the employer obstructed access to justice, victimized the employee, paid no terminal benefits, and the employee had no alternative employment at trial.
Legal principles established
#- On a first appeal, the court re-evaluates the evidence and draws its own conclusions while making allowance for not having seen or heard the witnesses
- Termination without notice, notice to show cause or hearing violates Sections 36, 41, 43 and 45 of the Employment Act, 2007
Court orders
#- 1.The appeal is dismissed in its entirety
- 2.The award by the trial Court of Kshs 218,800 is upheld
- 3.The award shall attract interest at Court rates from 17/7/2020 until payment in full
- 4.The appellant to meet the costs of the suit before the trial Court and this Court
- On appeal from
- Chief Magistrate's Court, Milimani Commercial Courts
- Case No 260 of 2018
- Jurisdiction invoked
- First appellate jurisdiction over the Chief Magistrate's Court (Employment and Labour Relations Court Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Masters Fabricators Limited v Oiro (Appeal E053 of 2020) [2023] KEELRC 1723 (KLR)", Case Analysis (2023). Chief Magistrate's Court Milimani Commercial Courts Case No 260 of 2018 (appeal therein). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1723/eng@2023-07-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.