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ELRCPartially AllowedCause No. E924 of 2024

Kenya Union of Road Contractors & Civil Engineering Workers v Classic Terrazo Enterprises

Employment and Labour Relations Court of Kenya at Nairobi
29 September 2026
1,483 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that laying off a worker without any written notice is unfair termination, awarding the worker Kshs. 71,475 plus costs.

What this practically means

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Executive summary

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The Kenya Union of Road Contractors & Civil Engineering Workers, suing for and on behalf of grievant Eunice Mutindi Mutwita, claimed against Classic Terrazo Enterprises a declaration of unfair termination and terminal/contractual dues of Kshs. 336,839.00, plus costs and interest. The Respondent, though served, filed no response, and the cause proceeded by formal proof on 4th June 2026 before Makau J. CW1 testified that she was employed as a labourer in December 2021 at a daily wage of Kshs. 450 and was laid off on 11th November 2022 by her foreman who told her there was no more work. A Ministry of Labour conciliator found the termination lacked due process and recommended payment, which the Respondent ignored. The court framed two issues: whether the termination was unfair and unlawful, and whether the reliefs were merited. Finding the lay-off unrebuted and unaccompanied by any notice under section 40(1)(a) or section 35(1) of the Employment Act or clause 19 of the Building Construction Order, the court held the termination procedurally unfair under section 45(2). It granted the declaration and awarded notice pay of Kshs. 19,109.00, two months' compensation of Kshs. 38,218.00, and leave pay of Kshs. 14,148.00, totalling Kshs. 71,475.00, subject to statutory deductions, with costs and interest. The underpayment claim failed for lack of particulars and proof. The claim thus partially succeeded.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the termination was unfair and unlawful.
  2. 2.Whether the reliefs sought are merited.

Key legal issues

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01

Whether the termination was unfair and unlawful

Holding

Termination was procedurally unfair; no redundancy notice under section 40(1)(a), no section 35(1) notice, and no clause 19 sectoral order notice was issued

Reasoning

The uncontroverted evidence was that the grievant was laid off by her foreman on 11th November 2022 without any notice. Section 40(1) of the Employment Act prescribes mandatory conditions for redundancy, including one month's notice to the union and labour officer. None was issued, nor even a section 35(1) notice or clause 19 sectoral order notice. The Respondent, having not participated, failed to discharge the burden under sections 41, 43 and 45.

p. 5
02

Whether the reliefs sought are merited

Holding

Declaration granted; notice pay, two months' compensation and leave pay awarded; underpayment claim failed for lack of proof

Reasoning

Having found unfair termination, the court awarded reliefs under section 49(1): one month's salary in lieu of notice, two months' compensation reflecting one year of service and absence of contributory misconduct, and 11 days' leave pay unrebutted by leave records. The underpayment claim failed for want of particulars and evidence of the transfer date.

p. 9

Legal principles established

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  • Termination on account of redundancy without the notices and payments prescribed by section 40(1) of the Employment Act, or at least section 35(1) notice, is procedurally unfair under section 45(2).

Court orders

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  1. 1.Declaration that the termination of the Claimant's employment was unfair
  2. 2.Award of Kshs. 19,109.00 as salary in lieu of notice
  3. 3.Award of Kshs. 38,218.00 as compensation for unfair termination (two months' salary)
  4. 4.Award of Kshs. 14,148.00 as leave pay
  5. 5.Total award of Kshs. 71,475.00 subject to statutory deductions
  6. 6.Costs of the claim to the Claimant plus interest at court rates from the date of judgment

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Act (unfair termination claim under the Employment Act)

Relief refused

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Claim for salary underpayment

Lacked particulars and no evidence of the date of transfer from Manyani to Nairobi to compute underpayment

p. 10

Costs

Claimant is awarded costs plus interest at court rates from the date of this judgment.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

It follows that the termination was procedurally unfair.
p. 6procedural fairness in redundancy
In conclusion, I enter judgment for the Claimant in the following terms:
p. 10disposition
Total Kshs. 71,475.00
p. 10quantum of award
d. Claimant is awarded costs plus interest at court rates from the date of this judgment.
p. 10costs and interest

Issues in the judgment

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material

Employment start date stated as December 2021 in evidence but December 2011 in analysis

material

Notice pay computed at daily wage of Kshs. 731.50 though pleaded daily wage was Kshs. 450

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Union of Road Contractors & Civil Engineering Workers v Classic Terrazo Enterprises", Case Analysis (2026). Cause No. E924 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2633/eng@2026-09-29

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