Oliech v Komaza Forestry Limited (Cause E001 of 2023) [2025] KEELRC 1991 (KLR)
The bottom line
#Kenya's Employment Court upheld a sales manager's summary dismissal because he failed to supervise his team, but confirmed honest product feedback can't justify dismissal.
What this practically means
#Executive summary
#Key legal issues
#Whether the summary dismissal was substantively justified
The summary dismissal was justified on the grounds of failure to supervise and provide adequate support to the sales officer at Gikomba, leading to sale of timber below the instructed price
The claimant's core contractual duties were supervising the sales team (80%) and creating sales plans and strategies (20%). Despite the pricing directive of 15 August 2022, timber was sold at Ksh. 31 instead of Ksh. 50. The claimant, as team leader, bore responsibility for inadequate supervision of Emmanuel and could not hide behind the sales officers' separate job descriptions.
Whether the claimant was accorded due process before dismissal
The claimant received due process: he was issued a show cause notice, responded in writing, attended a disciplinary hearing with a colleague of his choice, and made representations which were considered
The respondent issued a show cause notice on 26 August 2022, received the claimant's written response on 30 August 2022, invited him to a disciplinary hearing scheduled for 9 September 2022 at which he could bring another employee, and considered his representations before the summary dismissal. The claimant also had a right of appeal which he did not exercise.
Whether the allegation of unprofessional utterances about product quality justified dismissal
This ground could not justify summary dismissal, as the claimant's remarks about product quality amounted to legitimate feedback to the employer
As sales manager, the claimant had a duty to provide feedback to the respondent. Stating that products in the market were of poor quality constituted such feedback. The court held that treating this as unprofessional and using it as a basis for summary dismissal was subjective and amounted to a refusal to consider alternative views.
Whether remedies should issue
No remedies issue; the claim for compensation does not arise where summary dismissal is justified and terminal dues including earned bonuses were paid
The claimant received his final dues including salary up to 19 September 2022, accrued leave days, and the accrued quarterly bonus of Ksh. 135,882.35 paid on 14 October 2022. Since the summary dismissal was justified, no compensation for unfair termination could be awarded.
Legal principles established
#- An employer may summarily dismiss an employee who breaches a fundamental condition of the employment contract, such as failing to take proper instructions from the employer, after according the employee an opportunity to be heard under Section 41(2) of the Employment Act
- A team leader/supervisor cannot decline responsibility for failures of the sales officers under his supervision; the overall job description of the team leader is to ensure adequate supervision of subordinates
- Where an employee gives genuine feedback to the employer about product quality, labelling that feedback unprofessional and using it as a ground for summary dismissal is subjective and a refusal to consider alternative views
- No compensation for unfair termination arises where summary dismissal is justified and terminal dues, including accrued bonuses, were paid
Court orders
#- 1.The claim is dismissed
- 2.Each party is to bear its own costs
- Jurisdiction invoked
- First-instance employment and labour relations claim under the Employment Act (Sections 41 and 44 engaged); no specific constitutional provision cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Oliech v Komaza Forestry Limited (Cause E001 of 2023) [2025] KEELRC 1991 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1991/eng@2025-07-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.