Lidwaji v Board of Trustees Alliance Francais De Nairobi (Appeal E016 of 2023) [2024] KEELRC 2585 (KLR)
The bottom line
#Kenya's Employment Court tripled an unfairly dismissed 20-year employee's compensation to the maximum 12 months' salary, ruling low awards need justification.
What this practically means
#Executive summary
#Key legal issues
#Interference with the trial court's discretionary award of compensation for unfair termination
The trial court erred in awarding only four months' salary without justification; the appellant was entitled to the maximum compensation of 12 months' salary given his 20 years of service, the finding of unfair termination, and absence of contribution.
An appellate court may disturb a discretionary award only where the trial court misdirected itself, resulting in a wrong decision. The trial court awarded four months' pay without any justification, contrary to section 49(4) of the Employment Act. Considering the appellant's 20 years of service, the finding that termination was both substantively and procedurally unfair, no finding of contribution, and the undefended nature of the suit, maximum compensation was warranted.
Claim for damages for loss of employment opportunity at LDD
The claim fails; the appellant did not demonstrate how the respondent contributed to the loss of the job opportunity at LDD, and the trial court was right to decline any award.
To succeed in such a claim, the appellant ought to have sufficiently demonstrated before the trial court how the respondent contributed to the loss of a job opportunity at another institution. The court found the appellant had not done so and agreed with the trial court's refusal to make any award.
Legal principles established
#- A court hearing an employment dispute must be guided by the considerations set out under section 49(4) of the Employment Act when making an award of compensation, and should give reasons for its award.
- An appellate court should not interfere with the exercise of discretion unless satisfied that the lower court misdirected itself in some matter and as a result arrived at a wrong decision.
- Where a respondent files a defence but does not call any witness, the defence remains mere allegations.
Court orders
#- 1.Award of 12 months' salary as compensation for unfair termination of Kshs. 412,837.44
- 2.Damages for loss of employment opportunity NIL
- 3.Each party to bear their own costs of the Appeal
- On appeal from
- Subordinate Court (Chief Magistrate's Court, Employment and Labour Relations)
- CMELR No. 250 of 2019
- Jurisdiction invoked
- Appellate jurisdiction of the Employment and Labour Relations Court over appeals from the subordinate court in employment and labour relations matters
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lidwaji v Board of Trustees Alliance Francais De Nairobi (Appeal E016 of 2023) [2024] KEELRC 2585 (KLR)", Case Analysis (2024). Memorandum of Appeal dated 22nd February, 2023 (from CMELR No. 250 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2585/eng@2024-10-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.