Automated Summary
Key Facts
The case involves the Kenya Building Construction, Timber, Furniture and Allied Industries Employees Union challenging the termination of their member Michael Ogolla by Odds and Ends Limited. Ogolla was terminated on 1/10/2008, with the employer citing abscondment from duty, failure to provide valid medical proof, and working elsewhere. The court found these reasons unproven and determined the termination was unlawful due to lack of due process. The union sought 200,945/= in terminal benefits, but the court awarded 186,000/= (including 1 month's notice pay, 3 years' service pay, September salary, and 12 months' compensation for unlawful termination). The employer was also ordered to pay court costs.
Issues
- The court determined whether the termination of Michael Ogolla was justified based on the reasons provided by the employer, including alleged abscondment and working elsewhere.
- The court evaluated the Grievant's entitlement to payment in lieu of notice, accumulated leave, service pay, and compensation for unlawful termination.
- The court assessed whether the employer adhered to due process, including the right to be heard, prior to terminating the Grievant's employment.
Holdings
- The court found that the reasons for the Grievant's termination (abscondment from duty and working elsewhere) were not valid as they were not established by the Respondents. The termination was based on unproven allegations and lacked sufficient evidence.
- The court determined that due process was not followed in the termination. The Grievant was served with a termination letter without being heard, violating the inherent right to be heard under natural justice principles.
- The Grievant was awarded 186,000/= in total, including 1 month's salary in lieu of notice, service pay, September salary, and 12 months' compensation for unlawful termination. Statutory deductions were to be subtracted from this amount.
Remedies
- 12 months salary as compensation for unlawful termination = 12,000 x 12 = 144,000/=
- September salary in full = 12,000/=
- 1 months salary in lieu of notice = 12,000/=
- The Respondent should also pay costs of this suit.
- Service pay for each year worked = 1/2 x 12,000 x 3 = 18,000/=
Monetary Damages
186000.00
Legal Principles
The court applied the rule of natural justice, emphasizing that a person should not be condemned unheard. The termination was deemed unfair as the Grievant was not given an opportunity to respond to allegations of absconding duty or working elsewhere.
Cited Statute
- Employment Act 2007
- Employment Act Cap 226
Judge Name
Hellen S. Wasilwa
Passage Text
- 1 months salary in lieu of notice = 12,000/=... 1/2 x 12,000 x 3 = 18,000/=... 12 months salary as compensation for unlawful termination = 12,000 x 12 = 144,000/=... TOTAL = 186,000/=
- After the company gave you a salary advance last month, for which you were to seek medical attention, you stayed away for two weeks. You did not call your supervisor or any of your colleagues to inform them of your absence from work, affecting workshop production schedule. On your return you did not bring adequate proof that you were away due to illness. Further, it was brought to our attention by your colleagues that you were working elsewhere. In your discussion last week, it was initially agreed that you are willing to move on. It is for these reasons that the company has decided to terminate your employment with effect from 30th September 2008-----
- The reasons given for terminating the Grievant are not valid as they are not established.