Grace Wairimu Njoroge v Niti Computers [2014] KEELRC 1499 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the termination was unfair
The termination was unfair; the claimant lost her job while on maternity leave without justification, notice or a hearing
The claimant went on maternity leave with the respondent's knowledge and on resumption found her job gone. There was no notice, no written reasons and no hearing, nor any allegation of misconduct or poor performance. The court held this was both procedurally and substantively unfair and awarded the equivalent of six months' pay as compensation at her monthly salary of Kshs.24,575.00.
Entitlement to salary for the maternity leave period
The claimant was awarded salary from October to December 2012 (Kshs.24,575.00 x 3 = Kshs.73,725.00, entered as Kshs.73,750.00)
The court found the claimant entitled to her pay while on maternity leave until the date she was due to resume work, computed as three months' salary. The final order recorded this as unpaid salary at Kshs.73,750.00, a slight discrepancy from the computed Kshs.73,725.00.
Severance pay and unremitted statutory deductions
Severance pay declined as this was not a redundancy; unremitted NSSF, NHIF and PAYE cannot be paid to the claimant, but service pay at 15 days per completed year was awarded (Kshs.12,285.50)
Severance pay is a redundancy entitlement and the facts disclosed no redundancy. Claims for unremitted statutory dues belong to NSSF, NHIF and KRA and cannot be awarded to the employee. However, evidence of non-remittance entitled the claimant to service pay at 15 days for each year worked; with one completed year from 10th February 2010 to termination in December 2012, she was awarded Kshs.12,285.50.
Legal principles established
#- Termination without notice, without written reasons and without a hearing is procedurally and substantively unfair
- Termination of an employee who is on or returning from maternity leave, without just reason or notice, is unfair
- Even an undefended suit must be analysed on its own merits
- Where an employer has not remitted statutory deductions, service pay at 15 days' pay for each year worked is due
Court orders
#- 1.Declaration that the termination was unfair
- 2.Compensation of Kshs.147,450.00 (6 months' pay at Kshs.24,575.00)
- 3.Unpaid salary for October to December 2012 at Kshs.73,750.00
- 4.Service pay at Kshs.12,285.50
- 5.Each party to bear their own costs
- Jurisdiction invoked
- Original jurisdiction of the Industrial Court over disputes relating to employment and unfair termination
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Grace Wairimu Njoroge v Niti Computers [2014] KEELRC 1499 (KLR)", Case Analysis (2014). Cause No. 964 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1499/eng@2014-12-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.