The case Gogni Rajope Construction Company Limited & Another v Cornel Otieno Omondi (Civil Appeal No. 321 of 2019) [2025] KECA 161 (KLR) was decided by the Court of Appeal in Nairobi on 7th February 2025. The appellants, Gogni Rajope Construction Company Limited and Cebaud Engineering Services Limited, appealed against a judgment by the Employment and Labour Relations Court (ELRC) delivered on 5th October 2018.Kenya Law
Background
Cornel Otieno Omondi was employed as an Assistant Projects Engineer by Gogni Rajope Construction Company Limited under a two-year contract commencing on 13th February 2012. His salary and other emoluments were processed through Cebaud Engineering Services Limited, a sister company. In July 2012, Omondi was sent on compulsory leave, and his employment was terminated on 30th August 2012, with the termination purportedly effective from 24th July 2012.Kenya Law
Omondi filed a memorandum of claim on 18th February 2013, alleging unlawful termination and seeking Kshs. 3,420,790.50 in various dues. The appellants contended that Omondi was dismissed for gross misconduct, including unauthorized hiring of project equipment, absconding duty, and misrepresentation. They also argued that Omondi was sent a notice to show cause and was given an opportunity to respond.Kenya Law
Employment and Labour Relations Court Ruling
The ELRC found that while the appellants had valid reasons for terminating Omondi's employment, the process followed was flawed. The court noted discrepancies in the dates of the show cause letter and the termination letter, and found that Omondi was not accorded a fair hearing as required under Section 41 of the Employment Act. Consequently, the court awarded Omondi Kshs. 1,222,146.42 in damages.Kenya Law
Court of Appeal Decision
The appellants appealed the ELRC's decision, raising several grounds, including misinterpretation of the Employment Act, failure to address the applicability of Section 45(3) regarding the duration of employment, and improper award of compensation. The Court of Appeal, after re-evaluating the evidence and considering the submissions, upheld the ELRC's judgment.Kenya Law
The Court emphasized that while the appellants had justifiable reasons for terminating Omondi's employment, they failed to follow the proper procedure as stipulated in Section 41 of the Employment Act. The Court also noted that Section 45(3) of the Act, which limits claims for unfair termination to employees with at least 13 months of continuous service, was not applicable in this case, as the issue had not been properly raised or addressed in the lower courts.Kenya Law
Conclusion
The Court of Appeal dismissed the appellants' appeal, affirming the ELRC's decision and the award of Kshs. 1,222,146.42 to Omondi. The judgment underscores the importance of adhering to procedural fairness in employment termination processes, as mandated by the Employment Act.
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