Automated Summary
Key Facts
The claimant, Charles Odhiambbo Ngagaya, was terminated by Securitas Kenya Limited for absconding duty. The court found the termination lawful but unfair due to the employer's failure to follow procedural fairness under the Employment Act. The claimant was awarded notice pay (Kshs. 11,330), service pay (Kshs. 5,665), and underpayment of salary (Kshs. 39,960), totaling Kshs. 56,955 plus interest and costs.
Issues
- Whether the claimant is entitled to the various reliefs and compensation requested in the case, including notice pay, service pay, and underpayment of salary.
- Whether the termination of the claimant's employment was deemed unfair due to lack of procedural fairness.
Holdings
- Claimant awarded notice pay, service pay, underpayment compensation, and costs
- Termination was lawful but unfair due to lack of procedural fairness
Remedies
- Notice pay of Kshs 11,330 awarded.
- Compensation for underpayment of Kshs 39,960 awarded.
- Costs of the suit awarded to the claimant.
- Service pay of Kshs 5,665 awarded.
- Total sum of Kshs 56,955 (including interest) awarded.
Monetary Damages
56955.00
Legal Principles
- The court emphasized procedural fairness under section 41 of the Employment Act, requiring employers to notify and hear employees before termination. The respondent failed to comply with these procedural requirements.
- Under section 43 of the Employment Act, the employer must prove the validity of the termination reason. The court found the employer failed to justify the termination, leading to an unfair dismissal ruling.
Precedent Name
- Walter Ogal Anuro v Teachers Service Service Commission
- Simon Mbithi Mbane Vs Inter Security Services Limited
Cited Statute
- Labour Institutions Act
- Employment Act
Judge Name
- Justice Ocharo Kebira
- J.W. Keli
Passage Text
- Notice pay of Kshs. 11,330. Service pay of Kshs. 5,665. Underpayment of salary 39,960. Total sum(a, b and c above) awarded for Kshs. 56955/- payable with interest...
- The court finds that the termination was only unfair for lack of procedural fairness.
- Minimum wage Kshs 11,330 – Monthly pay 8,000 equalled to underpayment monthly of Kshs 3,330 x 12months = Kshs. 39,960 which is awarded as backpay for underpaid minimum wage.