Kenya Union of Commercial Food and Allied Workers v Rene Superclean Services Ltd; Mulogoli (Grievant) (Cause E030 of 2024) [2025] KEELRC 86 (KLR)
The bottom line
#A Kenyan court ruled that firing a sick employee without a hearing is unfair, awarding her pay and 10 months' compensation.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Grievant was an employee of the Respondent
- 2.Whether the termination/suspension of the Grievant was unfair and unlawful
- 3.What sums, if any, are due to the Grievant
Key legal issues
#Employment relationship
The Grievant was an employee of the Respondent; denials of employment lacked merit
The court reasoned that the suspension letter and the requirement to report to human resources were inconsistent with the Respondent's denial of employment. Only an employee could be suspended and required to report to HR. The denials were therefore a feeble attempt to defeat the claim.
Fairness of termination
Termination was unfair and unlawful
The Grievant's absence was due to illness of which the Respondent was aware, yet she was suspended without an opportunity to explain. The Respondent lacked a policy on illness-related absence, and failed to respond to the Labour Office. Terminating her in those circumstances was inhumane and unjust.
Quantum of reliefs
Entitled to one month notice, June 2023 days worked, one year's leave dues and 10 months' compensation under section 49
The court recalculated the dues: monthly salary of Kshs. 14,025.40 yielded notice pay, 19 days worked in June 2023, and leave dues limited to one year by section 90 of the Employment Act. Compensation was fixed at 10 months' salary under section 49. The underpayment claim failed for lack of proof.
Legal principles established
#- An unchallenged claim, where the respondent calls no evidence, may be found proved
- Terminating an employee absent on account of illness, without an opportunity to explain, is unfair and unlawful
Court orders
#- 1.Judgment for the Grievant of Kshs. 14,025.40 as notice
- 2.Kshs. 10,249.33 for days worked in June 2023
- 3.Leave dues of Kshs. 14,025.40
- 4.Compensation for wrongful termination equivalent to 10 months salary, Kshs. 140,254/-
- 5.Costs of the suit
- 6.Interest at court rates on the sums in (a), (b) and (c) from date of filing suit till payment in full
- 7.Interest at court rates on the sum in (d) from date of judgment till payment in full
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over unfair termination claims (Employment Act)
Relief refused
#Reinstatement
Court awarded monetary reliefs instead
Claim for Kshs. 537,712.88 in unpaid dues and damages as computed by the Claimant
Claimant's computation was erroneous; court substituted its own lower computation
Claim for underpayment from 2016
Not proved and unreasonably delayed
Costs
Costs of the suit awarded to the Claimant/Grievant
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The denials of employment are therefore found to have no merit and were a feeble attempt to deny the claim.
The determination by the Respondent that the Grievant was absent without cause was both inhumane and unjust.
The Claimant is correct in its surmise that the termination of the Grievant’s employ was unfair and unlawful.
She is also entitled to 10 months compensation in terms of section 49 of the Employment Act.
In the final analysis I enter judgment for the Grievant as follows:
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial Food and Allied Workers v Rene Superclean Services Ltd; Mulogoli (Grievant) (Cause E030 of 2024) [2025] KEELRC 86 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/86/eng@2025-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.