Antony Musyoka Musembi v Nairobi Ironmongers Limited [2019] KEELRC 1553 (KLR)
The bottom line
#A Kenyan employer who fired a worker without evidence or a hearing was ordered to pay over Kshs. 184,000 in compensation and costs.
What this practically means
#Executive summary
#Key legal issues
#Whether there was a valid reason for termination
There was no valid reason proved; the termination was unfair.
The Claimant testified he was chased away by the Director without any reason. The Respondent alleged the Claimant deserted duty for 5 days and was dismissed for misconduct, but produced no evidence of the absence, no evidence of any disciplinary process, and no termination letter. The Court therefore inclined to the finding that the Claimant was not given a reason for termination, engaging section 43's deeming provision.
Whether the Claimant is entitled to the remedies sought
Yes - notice pay, unpaid August 2014 salary, leave pay and compensation of 8 months' salary were awarded.
Having found the summary dismissal unfair, the Court awarded one month's salary in lieu of notice, salary for the 19 days worked in August 2014 which the Respondent did not prove was paid, leave pay for 7 years uncontradicted, and compensation equivalent to 8 months' salary having regard to length of service and the manner of dismissal.
Legal principles established
#- An employer bears the burden of proving the reason for termination, failing which the termination is deemed unfair under section 45 of the Employment Act.
- Compliance with section 41 of the Employment Act (notice, charges and hearing) is mandatory; a dismissal without a hearing is unfair.
Court orders
#- 1.Declaration that the summary dismissal of the Claimant was unfair
- 2.Payment in lieu of notice of Kshs. 12,600
- 3.Unpaid salary for August 2014 of Kshs. 9,208
- 4.Pay in lieu of annual leave of Kshs. 61,740
- 5.Compensation equivalent to 8 months' salary of Kshs. 100,800
- 6.Total award of Kshs. 184,348
- 7.Respondent to pay Claimant's costs
- 8.Interest on the decretal sum at court rates from the date of judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over claims arising out of termination of employment contracts (Employment Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Antony Musyoka Musembi v Nairobi Ironmongers Limited [2019] KEELRC 1553 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1553/eng@2019-05-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.