James v Tononoka Rolling Mills Limited (Cause 684 of 2018) [2024] KEELRC 1159 (KLR)

Employment and Labour Relations Court

24 April 2024

DMD. K. Njagi Marete

948 words in judgment

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The bottom line

What this practically means

Executive summary

The claimant, by an undated memorandum of claim verified on 9th May 2018, alleged that he was retained by the respondent over time, confirmed as a teamer man earning a basic salary of Kshs 21,217.00, and that on or about 5th January 2016 the respondent unfairly, unlawfully and wrongfully terminated his services without notice, payment in lieu, outstanding wages or vacation pay. He sought a declaration of wrongful and unfair dismissal, unpaid dues of Kshs 81,687.00, one month's notice pay of Kshs 21,217.00 and 12 months' salary as compensation. The respondent denied the claim, asserting that the claimant was employed on successive fixed term contracts, the last running from 1st July 2015 to 31st December 2015, which expired by effluxion of time, and that leave pay was paid on departure. The court framed four issues: whether there was a termination; whether any termination was wrongful, unfair and unlawful; entitlement to relief; and costs. Relying on the respondent's uncontroverted documentary evidence of the fixed term contracts, the court found there was no termination of employment by the respondent. Consequently, all remaining issues fell away. The court dismissed the claim and ordered that each party bear their own costs. Judgment was delivered on 24th April 2024 by D. K. Njagi Marete, Judge.

Key legal issues

Whether there was a termination of employment of the Claimant by the Respondent

Holding

No termination was established; the claimant served under fixed term contracts, the last running from 1st July 2015 to 31st December 2015, and employment lapsed on expiry of the contract.

Reasoning

The respondent produced documentary evidence of the fixed term contracts covering the years 2008, 2009, 2010 and 2012 and the final contract expiring on 31st December 2015. The court found this documentary evidence uncontroverted by the claimant and tilted the matter in the respondent's favour, leading to a finding of no termination.

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Whether the claimant was entitled to the relief sought

Holding

The claim was dismissed; with a finding of no termination, all other issues, including entitlement to notice pay, service pay, leave pay and compensation, fell away.

Reasoning

Having found that there was no termination of employment by the respondent, the court held that the remaining issues on wrongfulness, unfairness, lawfulness of the alleged termination and entitlement to relief did not require determination and fell by the wayside.

p. 3

Legal principles established

Where an employment relationship is governed by fixed term contracts that expire by effluxion of time and no termination by the employer is established, a claim for wrongful and unfair dismissal fails.

Court orders

1.Dismissal of the claimant's claim
2.Each party to bear their own costs

Jurisdiction invoked: Employment and Labour Relations Court jurisdiction over employment claims (memorandum of claim; relief sought under employment law)

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "James v Tononoka Rolling Mills Limited (Cause 684 of 2018) [2024] KEELRC 1159 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1159/eng@2024-04-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.