Owuor v Excel Packaging Ltd (Cause 1091 of 2016) [2022] KEELRC 13392 (KLR) (3 November 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13392
- Citation
- [2022] KEELRC 13392 (KLR)
- Decided
- 3 November 2022
The Court found that the Respondent did not produce sufficient evidence to establish both substantial justification and procedural fairness, and thus the Claimant's employment was declared unfair.
Facts
The Claimant, Tobias Opiyo Owuor, was employed by the Respondent, Excel Packaging Ltd, as an Assistant Accountant. He was dismissed on 23rd March 2016 without a disciplinary hearing. The Claimant alleged unfair, illegal, and unprocedural termination.
Issues
- Whether the Claimant was unfairly, illegally and unprocedurally terminated from employment
- Whether the Claimant is entitled to reliefs sought
- Who should pay the costs of the suit
Reasoning
The Court relied on Employment Act provisions and previous cases to hold that the Respondent failed to provide procedural fairness to the Claimant, as evidenced by the lack of a disciplinary hearing and the absence of a representative during the explanation of the termination.
Outcome
The Court declared the termination of the Claimant's employment as unfair.
Orders
- A declaration that the Respondent’s action in dismissing the Claimant from employment was unfair, illegal, and unprocedural
Remedies
- A cumulative sum of Kshs. 1,864,900/- being inter alia one month salary in lieu of notice, unpaid leave allowance, salary for unfair dismissal, severance pay, exemplary damages, damages for loss of salaries and allowances, travelling allowance and house allowance as itemized in the Claimant’s statement of claim
Authorities cited
Legislation (2)
- Employment Act 2007
- Civil Procedure Act (Chapter 21 of the Laws of Kenya)
Cases cited (2)
- Walter Ogal Anuro Vs Teachers Service Commission
- Alphonse Machanga Mwachanya vs Operation 680 Limited
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