Kenya Union of Commercial Food Workers v Platinum Outsourcing and Logistics EA Limited (Cause 849 of 2019) [2024] KEELRC 1214 (KLR)
The bottom line
#A Kenyan court ruled that locking an employee out of her workplace after she refused a new contract was unfair dismissal worth over Kshs.152,000.
What this practically means
#Executive summary
#Key legal issues
#Whether there was a termination of employment of the grievant
Yes - the grievant was denied access to her workplace after refusing to sign a new contract, amounting to termination by the Respondent
The court found the grievant was excluded from accessing her workplace after she declined to sign a new contract and offered an explanation to the Human Resource Manager. The Respondent's assertion that she absconded duty was unsupported by any evidence. On a preponderance of evidence the claimant made out a probable case of termination.
Whether the termination was wrongful, unfair and unlawful
It was constructive and unlawful termination; the defence of absconding was not feasible, convincing or possible
The grievant was denied access to her workplace, which the court held amounted to constructive termination and was unlawful. The Respondent produced no evidence of absconding or of a fair disciplinary process, and had declined to cooperate in mediation. Sections 41 and 43 of the Employment Act required substantive and procedural fairness which was not satisfied.
Whether the grievant was entitled to the relief sought
Yes - having succeeded on unlawful termination, she was entitled to notice pay, salary for days worked, service pay and twelve months' compensation
Having won on the case of unlawful termination, the grievant became entitled to relief. The court awarded one month's salary in lieu of notice, eight days' salary for April 2019, service pay computed for three years, and twelve months' gross salary as compensation for unlawful termination, plus a certificate of service.
Legal principles established
#- An employee who continues working after lapse of a fixed-term contract is on an open-ended contract entitled to the protections of sections 41 and 43 of the Employment Act
- A respondent who makes averments without attaching any evidentiary material undermines its defence
Court orders
#- 1.One (1) month salary in lieu of notice of Kshs.10,164.00
- 2.Eight (8) days worked in April, 2019 - Kshs.3,127.40
- 3.Service pay for every year worked, 15 days x 10,164/26 x 3 - Kshs.17,591.50
- 4.Twelve (12) months compensation for unlawful termination of employment - Kshs.10,164.00 x 12 months
- 5.Total award of Kshs.152,850.90
- 6.The Respondent be and is hereby ordered to issue a certificate of service to the grievant within thirty (30) days of the judgment
- 7.Costs of the claim to be borne by the Respondent
- Jurisdiction invoked
- First-instance claim under the Employment Act, 2007 (ss. 41, 43, 44, 9(2), (3) & (4)) before the Employment and Labour Relations Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial Food Workers v Platinum Outsourcing and Logistics EA Limited (Cause 849 of 2019) [2024] KEELRC 1214 (KLR)", Case Analysis (2024). Cause No 849 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1214/eng@2024-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.