John Nduba v Africa Medical and Research Foundation (AMREF Health Africa) [2020] KEELRC 1685 (KLR)

Summary at a glance

Facts

The Claimant, Dr. John Nduba, was employed by the Respondent, Africa Medical and Research Foundation (AMREF Health Africa), for a continuous period of 32 years and 2 months. His last contract was for two years from July 1, 2013, to June 30, 2015, and was renewable based on his performance and the Respondent's ability to fund its operations.

Issues

• Whether the Claimant had a legitimate expectation of renewal of his contract for a further period of two years.
• Whether the failure to renew the contract for two years amounted to unfair termination of his employment.
• Whether the Claimant is entitled to the reliefs sought in his Claim.

Reasoning

The court agreed with the Claimant that there was a legitimate expectation of renewal based on the express promise in the contract and the HR Policy Manual. The court found that the conditions for renewal were met and that the Claimant's services were still required by the Respondent.

Outcome

The court ruled in favor of the Claimant, finding that the Respondent's failure to renew the contract for two years was unfair and unlawful termination.

Orders

• A declaration that the Respondent's failure to renew the Claimant's employment for a period of 2 years constituted an unfair labor practice and an unfair and unlawful termination of the Claimant's employment through unlawful redundancy.
• Maximum compensation of 12 months' salary inclusive of benefits for unlawful, illegal, malicious and unfair termination of employment.
• Severance pay at the rate of 15 days' pay, based on the Claimant's last basic salary, for each of the Claimant's 32 completed years of service.
• General damages for unfair labor practices.
• Costs of this suit.

Authorities cited