Ngwara v Brookside Dairy Limited (Employment and Labour Relations Appeal E181 of 2024) [2025] KEELRC 298 (KLR)
The bottom line
#Kenya's Employment Court ruled that firing a worker without serving a show cause letter or holding a hearing makes the dismissal unfair, awarding the salesman over KShs 487,000.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness in summary dismissal
The termination was procedurally unfair because the Appellant was not served with a show cause letter nor invited to a disciplinary hearing
The Respondent claimed service by email and post, but tendered no certificate of postage and the person who allegedly posted the letter did not testify, rendering that evidence hearsay. The document offered to prove email service bore no sender's email address, no message, no indication of an attachment, and was not a confirmation of receipt; the court found it fabricated. The Appellant was therefore never notified of the charges or heard, contrary to section 41.
Substantive fairness of the dismissal
The Respondent did not prove the dismissal was substantively fair
Sections 43 and 45 place the burden on the employer to prove valid and fair reasons for termination. Where an employer dismisses without inviting the employee to defend himself against the charges, the reasons cannot be held valid and fair; courts should guard against employers who skip notification and hearing yet hope courts will find only procedural unfairness, as such conduct would erode the post-2007 statutory protections for employees.
Reliefs independently grantable and quantum of compensation
The Appellant was awarded 7 months' gross salary compensation, notice pay, earned but untaken leave, and salary for days worked in May 2018; house allowance and other reliefs were refused
Under section 49(1)(c), compensation is discretionary and available only where the unfair termination claim succeeds. The court considered the Respondent's deliberate disregard of procedural fairness, the attempted misleading of the court (an unfair labour practice), and approximately nine years of service, awarding 7 months' compensation. Notice pay followed the contractual one month notice term never issued, and leave and May salary were admitted by the Respondent.
Legal principles established
#- Fair termination embodies both procedural fairness and substantive justification; absence of either renders termination unfair
- Section 41 of the Employment Act prescribes a mandatory procedure whose non-conformity renders dismissal unfair
- Where an employee is never notified of the charges nor heard, the reasons for dismissal cannot be held valid and fair
- The employer bears the legal duty to prove service of a show cause letter; uncorroborated postal service is hearsay
Court orders
#- 1.The Learned Trial Magistrate's Judgment is set aside and in place thereof Judgment entered for the Appellant
- 2.A declaration that the summary dismissal against the Appellant was unfair
- 3.Compensation pursuant to Section 49(1)(c) of the Employment Act of seven (7) months' gross salary of KShs. 366,793.63
- 4.Notice Pay of KShs. 52,399.09
- 5.Payment of admitted earned but unutilized leave days of KShs. 58,162.98
- 6.Payment of salary for the days worked in May 2018 of KShs. 10,479.818
- 7.Interest on the sums in (ii) and (iii) at court rates from the date of Judgment till full payment
- 8.Interest on the sums in (iv) and (v) at court rates from filing of the suit till full payment
- 9.Costs of the suit in the lower court and of the appeal awarded to the Appellant
- On appeal from
- Magistrates' Court (Learned Trial Magistrate)
- Not stated
- Jurisdiction invoked
- Appellate jurisdiction over the Learned Trial Magistrate's judgment; first appellate court re-evaluation of the trial record
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngwara v Brookside Dairy Limited (Employment and Labour Relations Appeal E181 of 2024) [2025] KEELRC 298 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/298/eng@2025-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.