Global Apparels (EPZ) Limited v Ng’ang’i (Appeal E026 of 2023) [2023] KEELRC 3318 (KLR)
The bottom line
#Kenya's Employment Court ruled a worker on a three-month contract was not unfairly dismissed when the contract simply expired.
What this practically means
#Executive summary
#Key legal issues
#Nature of the employment relationship - permanent or contractual
The respondent was employed on a three-month term contract which lapsed on 25.03.2019; the finding of permanent employment was erroneous.
The respondent's own pleading and testimony showed she was told to leave in March 2019, consistent with the lapse of the three-month contract. She denied signing the exhibited contract, but the court saw no reason to doubt the signature. The NSSF statement and job card did not establish employment from 2014, and the finding of permanent employment was inconsistent with the exhibited term contract.
Award of notice pay and compensation for unfair termination
The trial court's award of one month's salary in lieu of notice and six months' compensation was contrary to the evidence and unjustified.
Because the contract lapsed by effluxion of time and the parties separated per the term contract, there was no unfair or unlawful termination capable of grounding notice pay or compensation. The respondent also lacked credibility on leave and overtime claims, having confirmed in cross-examination that she had been paid leave and overtime.
Role of the first appellate court
The first appellate court re-evaluates the evidence and may disturb the trial court's conclusions where they are shown to be mistaken or unjust.
The court stated the standard of review on a first appeal: re-evaluate the evidence while bearing in mind that it neither saw nor heard the witnesses, and only disturb the trial decision if it misdirected itself and arrived at conclusions that were not just or correct. The court found such misdirections in the trial court's treatment of the term contracts and the burden of proof.
Legal principles established
#- On a first appeal, the court re-evaluates the evidence and arrives at its own conclusions, but will not disturb the trial court's decision unless it misdirected itself and reached unjust or incorrect conclusions.
- A fixed-term contract terminates by effluxion of time, and where parties separated upon lapse of the term contract, there is no unfair termination.
Court orders
#- 1.The judgment of the lower Court and the decree flowing therefrom is set aside and substituted with dismissal of the suit with costs
- 2.The appellant is awarded costs of the appeal
- 3.The Deputy Registrar to forthwith return the court file herein to the Machakos Court's Sub-registry
- On appeal from
- Principal Magistrate's Court, Mavoko (CMELRC No. E61 of 2020)
- CMELRC E61 of 2020
- Jurisdiction invoked
- First appeal from the trial court in employment and labour relations matters (Employment and Labour Relations Court Act jurisdiction; specific provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Global Apparels (EPZ) Limited v Ng’ang’i (Appeal E026 of 2023) [2023] KEELRC 3318 (KLR)", Case Analysis (2023). ELRC Appeal from CMELRC No. E61 of 2020, Mavoko. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3318/eng@2023-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.