Sombo v General Plastics Limited (Cause 2059 of 2016) [2023] KEELRC 2166 (KLR)
The bottom line
#A Kenyan court ruled that firing only one of two employees who fought at work, without a fair process, was unfair and awarded the worker substantial compensation.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination was substantively and procedurally fair
The termination was unfair and unjust under section 43 of the Employment Act; the disciplinary process was one-sided and predetermined, accommodating the aggressor John while dismissing the Claimant.
The court found both employees were involved in the altercation but only the Claimant was punished, while John - who overstayed his lunch break and was aligned to supervisor Martin Mwendwa - was retained. The Respondent did not call eyewitnesses or complete its investigations transparently. The Claimant's 22 years of unblemished service and the Respondent's failure to demonstrate fairness rendered the summary dismissal substantively and procedurally unfair.
Whether the Claimant is entitled to the reliefs sought
Yes - severance pay, July salary, leave days, three months' compensation for unfair termination, certificate of service, costs and interest were awarded.
Having found the dismissal unfair and unjust, the court awarded the reliefs claimed: severance pay at 15 days' salary per completed year for 22 years, unpaid July salary, leave days earned, compensation equivalent to three months' salary (reduced from the maximum twelve), a certificate of service, costs of the suit and interest at court rates from the date of judgment until payment in full.
Legal principles established
#- Termination that singles out one of two employees involved in a workplace altercation, without demonstrable fairness, is unfair and unjust within the meaning of section 43 of the Employment Act.
- An employer must demonstrate fairness in the disciplinary process; inability to do so renders a dismissal unjustified even after long unblemished service.
Court orders
#- 1.Severance pay for the years worked – Kshs 357,540/-
- 2.Salary for the month of July – Kshs 22,161.60
- 3.Leave days earned – Kshs 22,161.60
- 4.Compensation for unlawful, unfair and wrongful termination of employment set at 3 months – Kshs 66,483.80
- 5.Issuance of a certificate of service
- 6.Costs of the suit to the Claimant
- 7.Interest at court rates on the sums in (a), (b), (c) and (d) from the date of judgment till payment in full
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (sections 40, 41, 43, 44, 47(5))
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sombo v General Plastics Limited (Cause 2059 of 2016) [2023] KEELRC 2166 (KLR)", Case Analysis (2023). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2166/eng@2023-09-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.