Automated Summary
Key Facts
Nancy Dayo was employed as Head of Human Resources at Jumia Kenya from April 3, 2017. Her probation was extended in June 2017, and she was confirmed in September 2017. The Respondent terminated her employment on April 24, 2018, citing poor performance and breach of confidentiality (after she sent a sensitive email to the CEO). The court found the termination substantively and procedurally unfair due to the Respondent's failure to follow internal disciplinary rules and statutory procedures, including denying her adequate time to prepare a defense. The Claimant was awarded 6 months' salary (Kshs 3,300,000) in compensation.
Issues
- The court determined whether the employer's dismissal of the Claimant on grounds of poor performance and breach of confidentiality was lawful and fair, considering both substantive and procedural fairness under the Employment Act. The Claimant argued the dismissal was predetermined and violated internal disciplinary procedures, while the Respondent claimed it followed proper protocols.
- The court evaluated the Claimant's entitlement to 12 months' salary in compensation, exemplary/aggravated damages, and damages for violation of fundamental rights. The Claimant's request for 6,600,000 Ksh in compensation was partially granted, with six months' salary awarded (3,300,000 Ksh), while other damages were disallowed due to lack of basis.
Holdings
- The Claimant was awarded six months' salary (Kshs 3,300,000) as compensation, considering her service length and the employer's mishandling of her case, with no basis for exemplary or general damages.
- The court determined that the Claimant's termination was substantively and procedurally unfair due to the employer's failure to adhere to statutory law and internal disciplinary rules, including not providing a proper performance improvement plan and denying her access to necessary documents for her defence.
Remedies
- The Court awarded the Claimant six (6) months' salary in compensation, considering her length of service and the Respondent's mishandling of her case, as well as the slim chances of securing alternative employment of equal stature.
- The Claimant was awarded the costs of the case.
Monetary Damages
3300000.00
Legal Principles
The court held that the employer violated principles of natural justice by failing to provide the claimant with a fair disciplinary process, including inadequate opportunity to respond to allegations and restricted access to her email for defense preparation. The decision emphasized that termination must adhere to both statutory requirements (Employment Act Sections 40-41) and internal disciplinary rules to ensure procedural fairness.
Precedent Name
- Rebecca Ann Maina & 2 others v Jomo Kenyatta University of Agriculture and Technology
- Kenya Science Research International Technical and Allied Workers Union (KSRITAWU) v Stanley Kinyanjui and Magnate Ventures Ltd
- Jane Samba Mkala v Ol Tukai Lodge Limited
Cited Statute
Employment Act No 11 of 2007
Judge Name
Linnet Ndolo
Passage Text
- The Respondent in this case, not only failed to adhere to statutory law but also flouted its own internal disciplinary rules. I therefore have no hesitation in reaching the conclusion that the termination of the Claimant's employment was substantively and procedurally unfair.
- I award the Claimant six (6) months' salary in compensation. In making this award, I have taken into account the Claimant's length of service and the Respondent's mishandling of her case. I have further considered the slim chances of the Claimant securing alternative employment of equal stature.
- This express communication from a senior manager within the Respondent's establishment, coupled with an internal communication issued to various employees on 4th April 2018, to the effect that plans to replace the Claimant were underfoot, confirms the Claimant's assertion that the decision to terminate her employment was pre-determined.