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Driver awarded Sh170k for unlawful termination of contract

A driver has been awarded Sh170,516 after the Employment and Labour Relation Court found that his termination was unlawful.

Mr Abel Muithi Makau proved to Justice Stephen Radido that his sacking by Moto Gari Limited on August 6, 2014 was unfair.

Mr Makau told court that he was employed as a family driver on October 14, 2013, earning a gross salary of Sh35,129. His contract provided that he would work for 12 hours per day for six days in a week. It was also his testimony that he used to report to work at 6.00am and sometimes would work up to 11.00pm.

On the fateful day, he reported to work as usual only to be issued with a letter informing him that he was being sacked on account of redundancy. The driver told the court that before the sacking, he had not been given a notice nor a hearing.

In his ruling, the Judge said an employer contemplating terminating the contract of an employee on account of redundancy ought to comply with the conditions set out in section 40 of the Employment Act, 2007.


Justice Radido said there was no evidence that the company wrote a notice either to him or a Labour Officer. He added that there was no evidence that Mr Makau was paid one month in advance as required by law.

“The termination therefore did not satisfy the written notice condition prescribed by section 40(1) (b) of the Employment Act, 2007,” the Judge said.

He said the firm was under an obligation to prove in Court the operational requirements that necessitated the termination on account of redundancy, unfortunately, it failed to do so.

He said the termination of the contract was unfair and ordered the company to pay him one month salary in lieu of notice, amounting to Sh30,000, wages Sh35,129, plus compensation Sh105,387.