Automated Summary
Key Facts
Florence Mbeyu Arome worked for ARM Cement (formerly Athi River Mining Limited) from July 1995 to March 2013 as a stone picker earning Kshs. 290 daily. Her employment was terminated without notice or stated reason on 22 March 2013. The Claimant sought compensation for unfair termination (12 months' salary), unpaid leave (11 years), public holidays, and a month's notice. The Court found the termination unlawful and unfair, awarding her 12 months' salary (Kshs. 90,480), one month's notice (Kshs. 7,540), and 11 years of leave pay (Kshs. 66,990). The public holiday claim was dismissed. Total judgment: Kshs. 165,010 plus interest.
Issues
- Whether the termination of the Claimant's employment was lawful and fair, as required under Section 43 of the Employment Act, 2007.
- Whether the Claimant is entitled to the remedies sought, including compensation for unfair termination, leave pay, and other claimed benefits.
Holdings
- The Claimant's claim for leave pay for 11 years (Kshs. 66,990) was allowed as the Respondent failed to produce any leave records to counter the claim.
- The Court dismissed the claim for public holidays (Kshs. 63,480) as it was not proved.
- The Court awarded the Claimant twelve (12) months' salary in compensation (Kshs. 90,480) due to her long service and the Respondent's conduct in termination.
- The Court found that the termination of the Claimant's employment on 22nd March 2013 was unlawful and unfair. The Respondent's defense that the Claimant was a casual employee was rejected. The Court determined there was no valid reason for termination under Section 43 of the Employment Act, 2007, and the mandatory procedural fairness requirements under Section 41 were not met.
- The Court awarded the Claimant one (1) month's salary in lieu of notice (Kshs. 7,540) as the termination was without notice.
Remedies
- The Claimant was awarded twelve (12) months' salary in compensation for the unfair termination, totaling Kshs. 90,480.
- An additional one (1) month's salary was awarded in lieu of notice, amounting to Kshs. 7,540.
- The Claimant's claim for leave pay over 11 years was successful, totaling Kshs. 66,990 (290 x 21 x 11).
Monetary Damages
165010.00
Legal Principles
- The court applied the principle of procedural fairness under Section 41 of the Employment Act, 2007, determining that the Respondent failed to meet mandatory procedural requirements during the Claimant's termination. This aligns with judicial review standards for administrative fairness and reasonableness.
- The Respondent bore the burden to prove the termination was lawful and fair under Section 43 of the Employment Act, 2007. The court found this burden unmet due to insufficient evidence and lack of valid justification for termination.
Cited Statute
Employment Act, 2007
Judge Name
Linnet Ndoli
Passage Text
- I award the Claimant twelve (12) months' salary in compensation... I also award the Claimant one (1) month's salary in lieu of notice. The Respondent did not produce any leave records to counter the claim for leave pay which therefore succeeds and is allowed.
- Having said so, the Court finds that there was no valid reason for the termination of the Claimant's employment as required under Section 43 of the Employment Act, 2007. Additionally, the Claimant was not subjected to the mandatory procedural fairness requirements set out in Section 41 of the Act.
- In my view, nothing in the Claimant's termination letter suggests that she was a casual employee as defined in law. In fact, the letter appreciates the Claimant's devoted service over the years. The Respondent's defence that the Claimant was casual employee is therefore rejected.