Employment and Labour Relations Court
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: Employment and Labour Relations CourtClaim/Causes
Division and case type: Employment and Labour Relations CourtClaim/Causes
Division and case type: Employment and Labour Relations CourtClaim/Causes
Division and case type: Employment and Labour Relations CourtClaim/Causes
The court determined that the claimant’s termination was unfair and unlawful as the respondent failed to prove a valid reason for termination and followed fair procedure. The respondent did not issue a show cause letter or afford the claimant a chance to defend herself, violating Section 45(1) and (2) of the Employment Act. The court found the dismissal lacked procedural fairness and was not justified by the claimant’s conduct, as she admitted minor errors but the respondent did not prove loss of money. The claimant was entitled to terminal dues, NSSF and NHIF deductions, and a certificate of service.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The claimants sought declarations that the 2nd Respondent’s 2022 letter/circular was unlawful, their employment rights were violated, constitutional rights under Articles 41 and 47 of Kenya’s Constitution were infringed, and deductions of Kshs.94,000 from their salaries were unlawful. The respondents denied wrongdoing, asserting compliance with directives from the Auditor General, County Assembly, Senate, and SRC, and that the claimants were full-time members ineligible for commuter allowances per the 2017 SRC circular. The court found the claimants’ constitutional rights were violated due to lack of prior notice and hearing before the deduction of commuter allowances, ruling the deductions unlawful and ordering refunds.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The claimants sought declarations that the 2nd Respondent’s 2022 letter/circular was unlawful, their employment rights were violated, constitutional rights under Articles 41 and 47 of the Constitution were infringed, and the deduction of Kshs.94,000 from their salaries was unlawful, along with refunds and damages. The respondents denied wrongdoing, asserting compliance with directives from the Auditor General, County Assembly, Senate, and the SRC. The court consolidated the suits, heard testimony from claimants and respondents, and found that the claimants were full-time CPSB members not entitled to commuter allowance under the 2017 SRC circular, which superseded prior circulars, and that the County Government had not provided vehicles for pool transport, making the deduction lawful under the SRC’s authority.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The court determined that the respondent's termination of the claimant was lawful under section 44(4)(g) of the Employment Act because the claimant was suspected of committing a criminal offence against the employer's property, as he was found in possession of company property without written authorization from the Board of Directors. The court found that the respondent had reasonable grounds to suspect theft, given the claimant's admission that some items lacked documentary proof of being gifted. The court rejected the claimant's argument that he was not served with a warning letter or given an opportunity to defend himself, noting that the termination followed the claimant's arrest and police investigations. The court ruled that the termination was fair and lawful, thus dismissing the claimant's reliefs for unfair termination and unlawful dismissal.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The claimant, a former Shop Manager, challenged her summary dismissal as unlawful and unfair under section 41, 43, and 45 of the Employment Act. The respondent admitted the employment relationship but denied unlawful dismissal, asserting the termination followed valid grounds and fair procedure. The court found the dismissal was unfair because the same misconduct (stock discrepancies) had been previously addressed with a warning and performance evaluation period that lapsed without further issues. Reviving the matter after the attempted theft incident constituted double punishment, violating procedural fairness. The court ruled the dismissal was unlawful and unfair, and the claimant was entitled to compensation including terminal dues.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The claimant alleged unfair termination, violation of constitutional rights, and breach of employment laws. The respondent admitted termination for misconduct after fair hearing and payment of dues. The court found the termination unfair due to lack of valid reason and fair procedure, including conflicts in the disciplinary panel and failure to follow staff handbook procedures. The court ruled in favor of the claimant, declaring unfair termination and awarding damages.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The claimant, appointed County Chief Officer in Agriculture and Irrigation in 2023, was reassigned to DVTT in February 2024 and dismissed in August 2024. He alleged unlawful termination without valid reason, prior notice, or hearing. The respondent admitted the claimant's employment but claimed dismissal followed chronic absenteeism after reassignment, with warnings, a show cause letter, and a disciplinary hearing that the claimant failed to attend. The court found the dismissal lawful under the County Government Act and Employment Act, noting the claimant's chronic absenteeism and failure to respond to procedural steps. The claimant's arguments about improper service of notices and lack of hearing were rejected as the respondent followed procedural fairness despite the claimant's absence.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The respondent issued redundancy notices to 23 permanent employees citing unsustainable wage bills due to salaries under the Wages (General) Order instead of the Wages (Agricultural Industry) Order. The claimant challenged the redundancies as unlawful, unfair, and procedurally flawed, seeking to declare the notices null and void and restrain the respondent from terminating employment. The court granted interim orders suspending terminations pending resolution, noting the redundancy process violated section 40(1) of the Employment Act by failing to follow mandatory procedures including proper notification to the union, selection criteria, and severance pay calculations.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The court addressed a dispute where the claimant sought payment of retirement benefits including gratuity and salary arrears, and a certificate of service. The respondent denied liability, arguing that the contract of employment did not provide for gratuity and that NSSF contributions served as the retirement scheme. The court found that the respondent's retirement letter of 30th April 2021 voluntarily offered gratuity of Kshs.399,280 for 28 years of service, which the claimant accepted, making the payment enforceable despite the contract not explicitly providing for gratuity. The court also ordered payment of salary arrears of Kshs.15,135 and a certificate of service.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The court determined that the claimant did not meet the legal threshold of a simple majority (18 out of 22 unionisable employees) for recognition as the membership had dropped to 11 members by the time of filing the suit, thus declining the prayer for a recognition agreement. However, the court granted an injunction restraining the respondent from intimidating, coercing, victimizing, or harassing union members, as the right to join a trade union is protected by the Constitution. The court also allowed the claimant to continue recruiting members to seek recognition afresh under section 54 of the Labour Relations Act.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The court addressed whether a public officer can be dismissed for off-duty misconduct. The claimant, employed as an Accounts Clerk by the respondent university, was dismissed for misconduct while serving as treasurer and chairman of Murang’a University SACCO (MUSACCO). The respondent argued the claimant violated constitutional provisions, the Leadership and Integrity Act, Public Officer Ethics Act, and University HR policies by mismanaging SACCO funds, leading to gross misconduct. The court upheld the dismissal, ruling the claimant’s actions constituted gross misconduct under public officer ethics laws, as the misconduct occurred in his role as a SACCO official, which the respondent considered a public office function.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The court determined that the claimant, a registered trade union, is entitled to a 5% annual wage increase for 2020/2021 and 2021/2022 (totaling 10% over two years) based on the CPPMD report showing inflation at 4.7% per year, and that the respondent must sign the new CBA within 30 days. The court found the respondent's financial claims unverified due to withheld information, rejected the 7% annual wage increase offer as invalid due to the unionized secretary manager's conflict of interest, and ruled that the 5% increase is sustainable given the respondent's labor costs. The court dismissed the respondent's arguments about financial constraints and redundancies as insufficient to justify rejecting the wage increase.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The court determined that the claimant was entitled to salary arrears of Kshs.465,863 accrued before his transfer to the third party on 1st July 2023, which the respondent never paid. The respondent and third party are jointly and severally liable to pay the arrears, with the court holding that the transfer of liabilities was not properly addressed in the IPA dated 15th November 2023. The court dismissed the respondent's arguments that the claims were time-barred, unapproved by the Salaries and Remuneration Commission, or should have been filed in the Magistrates' court, as the claimant's salary was above Kshs.80,000. The court awarded costs and interest at court rate from the date of filing.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The court determined that the claimant is entitled to salary arrears of Kshs.689,281 accrued before transfer of services to the third party. The respondent and third party are jointly and severally liable for payment of the arrears, with costs and interest at court rates. The court held that the parties should resolve any dispute over sole liability through the IPA dated 4th October 2023, as the IPA avoided addressing existing liabilities during the transfer of library functions.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The court determined that the claimant's termination did not occur during the probation period, as the six-month probation ended on 31st July 2023. The court found the termination unlawful and unfair because the employer failed to prove a valid and fair reason for dismissal, as the claimant's absences were due to illness with medical evidence and communication to supervisors. The claimant was not accorded a fair hearing before termination, as he responded to the show cause letter and the employer did not rebut his allegation of a response. The court dismissed the claimant's suit for unfair dismissal with costs.
Division and case type: Employment and Labour Relations CourtClaim/Causes
A registered trade union brought a claim on behalf of nine employees who were allegedly constructively dismissed by their employer after being placed on indefinite unpaid leave from August 2023 until September 2023. The employees claimed the employer's actions constituted unfair and unlawful termination, seeking reinstatement or, alternatively, one-month salary in lieu of notice, compensation for unlawful termination, accrued leave, underpayment of wages, service gratuity, and certificates of service. The court found the indefinite unpaid leave amounted to constructive dismissal due to the employer's failure to pay salaries, which is a serious breach of contract. The court awarded one-month salary in lieu of notice, compensation for unfair termination based on length of service (10 or 12 months), and certificates of service, dismissing claims for underpayment of wages and accrued leave due to lack of evidence and specificity.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The court consolidated five suits brought by former employees challenging their summary dismissals for gross misconduct. The claimants sought declarations of unlawful dismissal, compensation, terminal dues, accrued leave, and costs. The respondent denied liability, asserting the dismissals were lawful and the claimants' appeals were unsuccessful. The court found the dismissals unlawful due to the respondent's failure to provide proper disciplinary procedures and evidence of misconduct, ruling that the claimants were entitled to the reliefs sought.