KENYA GAME, HUNTING & SAFARIS WORKERS’ UNION v PRIVATE SAFARIS (E.A.) LTD (Cause 66 of 2000) [2002] KEELRC 10 (KLR)
The bottom line
#Kenya's Industrial Court ruled that firing an employee without stating the reasons in writing is wrongful, and awarded him over Kshs.569,000.
What this practically means
#Executive summary
#Key legal issues
#Whether the suspension and termination were wrongful
The suspension and termination were wrongful because the letters gave no particulars of any offence and merely cited reasons 'well known' to the grievant
The court found from the submissions and documentary evidence that the grievant was suspended and terminated on disciplinary grounds solely because he threatened legal action over the withdrawal of his allowances. The suspension letter said only 'on reasons well known to yourself' and the termination letter gave no particulars. Such vagueness offended natural justice, so the action was wrongful and only relief remained in question.
Whether the fixed allowances formed part of the grievant's salary
Allowances payable for services rendered are part of remuneration and must be restored to the grievant
Relying on dictionary definitions and Blackburn J.'s observation in J.B. Saunders v. The Postmaster General, the court held that 'remuneration' is a wide term meaning the quid pro quo for services, and includes allowances. As a matter of industrial law, an amenity once given cannot be withdrawn except by mutual agreement, and labour legislation must be construed liberally to maximise employee benefits. The allowances were therefore part of the grievant's salary.
The appropriate remedy for the wrongful termination
Reinstatement was refused; instead normal termination with full terminal benefits and six months' salary as compensation for loss of employment was awarded
Because nearly five years had elapsed since the termination and relations between the parties were uncordial, reinstatement was not feasible. The court instead converted the disciplinary termination into normal termination, awarded the full terminal benefits claimed (Kshs.360,388.00) and compensation of six months' salary (Kshs.208,650.00), subject to lawful statutory deductions.
Legal principles established
#- The definition of salary or wages includes allowances payable to an employee for services rendered, as part of the remuneration due under the contract of employment
- Once a certain amenity is given to employees it cannot be withdrawn except by mutual agreement of the parties
- A suspension or termination letter must state the particulars of the offence; vague references to reasons known to the employee render the action wrongful
Court orders
#- 1.The termination of the grievant on disciplinary grounds be reduced to normal termination of service
- 2.The grievant be paid Kshs.360,388.00 being his terminal benefits
- 3.The grievant be paid Kshs.208,650.00 being compensation equivalent to six months' salary for loss of employment, making a total of Kshs.569,038.00 in full and final settlement of his terminal dues
- 4.The award amounts are subject to the usual lawful statutory deductions
- Jurisdiction invoked
- Section 8 of the Trade Disputes Act, Cap. 234 (reference by the Minister for Labour)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "KENYA GAME, HUNTING & SAFARIS WORKERS’ UNION v PRIVATE SAFARIS (E.A.) LTD (Cause 66 of 2000) [2002] KEELRC 10 (KLR)", Case Analysis (2002). Cause No. 66 of 2000. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2002/10/eng@2002-10-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.