Automated Summary
Key Facts
The claimant was employed by Transwide Pharmaceuticals from 2008 as a dispenser, later working in the wholesale department. He was suspended in 2011 after being implicated in a theft case but was never formally notified to resume duties. The court found his termination unfair due to lack of proper procedure and awarded six months' salary as compensation.
Issues
- The court assessed whether the respondent's termination of the claimant's employment was fair, considering the allegations of drug theft and the failure to follow legal procedures. It concluded that the termination lacked procedural compliance, rendering it unfair.
- The court examined the legal principle that the employer must prove the justification for termination. The respondent failed to demonstrate proper procedures were followed, shifting the burden to the claimant to prove unfairness.
- The court evaluated if the respondent adhered to required legal procedures for termination, including notifying the claimant and providing an opportunity to respond. The respondent's failure to contact the claimant or provide evidence of attempts to do so led to an unfair termination finding.
Holdings
The Court found the claimant's version of events plausible and held that his termination was carried out following improper procedure, hence unfair. As a result, the claimant was awarded one month's salary, six months' salary as compensation for unfair termination, and costs of the suit.
Remedies
- Six months salary was awarded as compensation for the unfair termination of services, totaling Kshs.97,548.00.
- The court awarded one month's salary as part of the remedies, amounting to Kshs.16,258.00.
- The court ordered the respondent to cover the costs of the suit as part of the remedies.
Monetary Damages
113806.00
Legal Principles
- The standard of proof in employment termination cases is on a balance of probability, as in any civil claim, requiring the employer to establish fairness.
- The court held that termination must adhere to procedural fairness (natural justice) and proper legal procedures, which the respondent failed to demonstrate.
- The court emphasized that the burden of proof in termination cases rests on the employer to demonstrate justifiable reasons for dismissal.
Judge Name
Abuodha Jorum Nelson
Passage Text
- The Court therefore awards him as follows:- a. One month's salary..................................................16,258.00 b. Six months salary as compensation from unfair termination of services............97,548.00 c. Costs of the suit.
- In the circumstances the Court find the claimant's version of events plausible and holds that his termination was carried out following improper procedure hence unfair.
- Employment relationship is founded on trust and confidence. Once the trust and confidence has been eroded or lost, the parties cannot reasonably continue in it. It has to end but in terminating the relationship there must be justifiable and valid reasons the burden of proof of which rests on the employer. It is however upon the employee to show that the dismissal was unfair. In discharging their respective legal and evidentiary burden, it must be borne in mind that the threshold of proof is on a balance of probability as in any other civil claim.