Bett v Lavington Security Limited (Cause 398 of 2018) [2023] KEELRC 2894 (KLR)
The bottom line
#A Kenyan court ruled a guard's dismissal for 'desertion' was unfair because the employer never proved he actually received the orders to relocate.
What this practically means
#Executive summary
#Key legal issues
#Whether the alleged desertion justified termination
The termination was unfair and unlawful; the desertion charge was trumped up because the redeployment instructions never reached the claimant
The claimant testified he was deployed to KIRDI on a dispatch note, which was the Respondent's tool of deployment. The Respondent, having not entered appearance, did not demonstrate that the letters seeking redeployment were ever received. The employer could have summoned the claimant to the head office if the assignment had changed. The employer failed to demonstrate sufficient cause for termination, contrary to sections 43 and 45 of the Employment Act.
What reliefs follow from unfair and unlawful termination
Notice pay, one month's leave pay, two months' compensation, a certificate of service, costs and interest
Because the claimant was not afforded the safeguards he was entitled to under the law, the court awarded one month's salary in lieu of notice, one month's leave pay, compensation for unlawful termination capped at two months' salary, a certificate of service, costs of the suit, and interest at court rates on the monetary awards from the date of judgment until payment in full.
Legal principles established
#- Where an employer gives an employee instructions, the employer must ensure the instructions are understood by the employee before the employee can be said to have failed to comply
- An employer alleging termination for cause must demonstrate sufficient cause for the termination; failure renders the termination unfair and unlawful under sections 43 and 45 of the Employment Act
Court orders
#- 1.One month's salary in lieu of notice of Kshs. 17,500/-
- 2.Leave for one month of Kshs. 17,500/-
- 3.Compensation for unlawful termination set at 2 months' salary, Kshs. 35,000/-
- 4.Certificate of service
- 5.Costs of the suit to the claimant
- 6.Interest at court rates on the sums awarded in (a), (b) and (c) from the date of judgment till payment in full
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment claims (sections 43 and 45 of the Employment Act applied)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bett v Lavington Security Limited (Cause 398 of 2018) [2023] KEELRC 2894 (KLR)", Case Analysis (2023). Cause No 398 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2894/eng@2023-11-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.