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ELRCPartially AllowedNot stated in the excerpt provided

Nyakina v Style Industries Limited (Cause 2033 of 2017) [2022] KEELRC 1524 (KLR)

Employment and Labour Relations Court
14 June 2022
2,860 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed that when a fixed term contract simply expires, the employee cannot claim unfair dismissal, though they must still get a certificate of service.

What this practically means

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Executive summary

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The Claimant sued the Respondent alleging unfair dismissal and non-payment of terminal dues, seeking Kshs.178,404.00, a certificate of service, costs and interest. She averred she was employed in February 2016 as a general worker, signed only one three months' contract, and that on 30th June 2017 she was handed a termination letter and cheque without notification or a disciplinary hearing. The Respondent asserted she was employed under a fixed term contract from 3rd April 2017 to 30th June 2017, which lapsed on its expiry, with no legitimate expectation of renewal. The Respondent relied solely on documentary evidence. The Court framed three issues: the nature of the employment, whether there was termination or effluxion of time, and entitlement to reliefs. It found the written contract dated 3rd April 2017 admissible and valid, holding that the Claimant never timely objected to admissibility nor sought its expunction, and that her signature on the contract matched that on her witness statement. The Court found the Claimant was engaged on successive three months' fixed term contracts and that Section 37 of the Employment Act on conversion of casual employment did not apply. Applying authority that fixed term contracts carry no expectations beyond expiry, the Court held the employment ended by effluxion of time, noting the Claimant was paid notice and leave and did not plead legitimate expectation of renewal. The claims for notice pay and 12 months' compensation were dismissed; the Respondent was directed to issue a certificate of service within 30 days, and each party was to bear own costs. Judgment was delivered virtually at Nairobi on 14th June 2022 by Dr. Jacob Gakeri, Judge.

Questions the Court framed

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

  1. 1.Whether the Claimant was employed under a fixed term contract or permanently
  2. 2.Whether the Claimant's employment was terminated by the Respondent or the contract lapsed by effluxion of time
  3. 3.Whether the Claimant is entitled to the reliefs sought

Key legal issues

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01

Whether the written contract dated 3rd April 2017 was admissible and valid despite not being spoken to by a witness

Holding

The contract was properly on record and valid; the Claimant never raised admissibility at the appropriate time, and Rule 21 of the ELRC Procedure Rules permits the Court to determine suits on documents and submissions

Reasoning

Section 35(1)(b) of the Evidence Act dispenses with the requirement of calling the maker in certain circumstances. The Claimant did not object to admissibility at the hearing, did not seek cross-examination, and did not apply for expunction of the document. Rule 21 of the Employment and Labour Relations Court (Procedure) Rules, 2016 empowers the Court to determine suits on pleadings, affidavits, documents and submissions. The contract was therefore admitted and found valid.

p. 4
02

Whether the Claimant signed the contract dated 3rd April 2017

Holding

The Court found that the Claimant did sign the contract, as the signature matched the signature on her witness statement

Reasoning

Although the Claimant denied signing the contract in cross-examination, she confirmed that her name was her signature. Both documents bore the name 'Gladys' on the signature page and the signatures appeared identical to the naked eye. The Claimant did not allege forgery. The Court therefore concluded her attempt to disown the signature fell through.

p. 5
03

Whether the Claimant was employed on a fixed term contract or permanently

Holding

The Claimant was employed on successive three months' fixed term contracts; there was no evidence of conversion to permanent employment and Section 37 of the Employment Act was inapplicable

Reasoning

The evidence showed periodic three months' contracts. Section 37 addresses conversion of casual employment to term contract, but the Claimant was not a casual employee and did not plead permanency. The documents on record contradicted her claim that she signed only one contract in February 2016.

p. 5
04

Whether the employment was terminated unfairly or lapsed by effluxion of time

Holding

The contract lapsed by effluxion of time; the letter headed 'Termination of Employment contract' did not constitute an unfair termination

Reasoning

Relying on authority that fixed term contracts carry no expectations beyond expiry, the Court held that the letter's express basis was effluxion of time. The Claimant was paid notice pay, annual leave and arrears, and led no evidence of acrimony or performance issues. She also did not plead legitimate expectation of renewal.

p. 6

Legal principles established

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  • Fixed term contracts carry no rights, obligations or expectations of renewal beyond the date of expiry, and claims for wrongful termination cannot be maintained where the contract ended by effluxion of time
  • A party who does not object to a document at the appropriate stage, or apply for its expunction, cannot later challenge its admissibility

Court orders

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  1. 1.Dismissal of the suit save for the prayer for certificate of service
  2. 2.The Respondent directed to issue the certificate of service within 30 days of the date of judgment
  3. 3.Each party to bear own costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Article 162(2) of the Constitution (Employment and Labour Relations Court); Employment and Labour Relations Court (Procedure) Rules, 2016, Rule 21

Relief refused

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One month's salary in lieu of notice (Kshs.178,404.00 claim)

Not pleaded nor proved; the June 2017 payslip already contained an entry for notice pay

p. 6

12 months' salary compensation for unlawful termination

The Claimant failed to demonstrate that the termination was unlawful or unfair; the contract lapsed by effluxion of time

p. 6

Costs of the suit

Each party directed to bear own costs

p. 7

Costs

Each party to bear own costs.

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.

In the end, the suit is dismissed save for the prayer for certificate of service which the Respondent is directed to issue within 30 days of today's date.
p. 7Final orders/disposition
Each party to bear own costs.
p. 7Costs
It is the finding of the Court that the written contract dated 3rd April 2017 is properly on record and valid, its probative value notwithstanding.
p. 4Admissibility and validity of written contract
In the premises, it is the finding of the Court that the Claimant indeed signed the employment contract dated 3rd April 2017.
p. 5Authentication of signature
Further, the Court is satisfied that the Claimant's employment with the Respondent terminated by reason of efiuxion of the term agreed upon by the parties.
p. 6Effluxion of time
fixed term contracts carry no rights, obligations, or expectations beyond the date of expiry.
p. 5Nature of fixed term contracts

Issues in the judgment

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minor

Internal inconsistency in dates: the judgment elsewhere states the contract expired on 30th June 2017, but when discussing the termination letter it states a different expiry date

minor

The claim is pleaded in the masculine ('he') in the opening paragraph but referred to as 'she' throughout, an apparent typographical inconsistency

minor

The judgment cites Section 35(5) of the Employment Act for notice pay in submissions although notice pay is ordinarily dealt with under Section 36, which the Court itself later applied

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, "Nyakina v Style Industries Limited (Cause 2033 of 2017) [2022] KEELRC 1524 (KLR)", Case Analysis (2022). Not stated in the excerpt provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1524/eng@2022-06-14

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