Walter Edwin Ogara Odhiambo v SGS Kenya Limited [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Lady Justice Maureen Onyango
Judgment Date
October 16, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Walter Edwin Ogara Odhiambo v SGS Kenya Limited [2020] eKLR case summary, detailing key judicial decisions and legal implications. Gain insights into this important ruling in Kenyan law.

Case Brief: Walter Edwin Ogara Odhiambo v SGS Kenya Limited [2020] eKLR

1. Case Information:
- Name of the Case: Walter Edwin Ogara Odhiambo v. SGS Kenya Limited
- Case Number: Cause No. 256 of 2020
- Court: Employment and Labour Relations Court, Nairobi
- Date Delivered: October 16, 2020
- Category of Law: Civil
- Judge(s): Hon. Lady Justice Maureen Onyango
- Country: Kenya

2. Questions Presented:
The central legal issues for resolution by the court include:
- Whether the application dated June 22, 2020, for an injunction against the respondent's redundancy notice is merited.
- Whether the application dated July 2, 2020, seeking to commence contempt of court proceedings is valid.

3. Facts of the Case:
The claimant, Walter Edwin Ogara Odhiambo, filed a motion seeking urgent orders to restrain his employer, SGS Kenya Limited, from implementing a redundancy notice issued on June 17, 2020. The claimant asserted that this redundancy notice was unlawful and aimed at unfairly terminating his employment, particularly as it followed a similar notice issued in December 2019. The respondent, represented by its Human Resources Manager, countered that the redundancy process was lawful and that due process had been followed. The claimant also alleged interference with a witness after he initiated legal proceedings against the respondent.

4. Procedural History:
The claimant filed an application on June 22, 2020, seeking to restrain the respondent from implementing the redundancy notice. The respondent filed a replying affidavit on July 1, 2020, contesting the application. Subsequently, the claimant filed another application on July 2, 2020, seeking leave to commence contempt proceedings against the respondent. The parties agreed to dispose of the applications through written submissions.

5. Analysis:
- Rules: The court considered Section 40 of the Employment Act, 2007, which outlines the conditions under which an employer may terminate a contract of service on account of redundancy. This includes notifying the relevant labor officers and ensuring that the redundancy process adheres to specific procedural requirements.
- Case Law: The court referenced several cases, including *Kenya National Private Security Workers Union v. G4S Kenya Limited* (2017) eKLR, which established that proof of contravention of Section 40(1)(a) could lead to injunctive relief. Other relevant cases included *Gerrishom Muhutsi Obayo v. DSV Air and Sea Limited* (2018) eKLR and *Thomas De La Rue v. David Omutelema* (2013) eKLR, which emphasized adherence to legal procedures in redundancy matters.
- Application: The court found that the redundancy notice issued to the claimant was a draft and had not been formally served to all employees, thus lacking the necessary legal effect. Consequently, the application for an injunction was dismissed as it was deemed speculative. Regarding the contempt application, the court noted that there was no existing court order to breach, leading to its dismissal as well.

6. Conclusion:
The court ruled against the claimant in both applications, concluding that the redundancy notice was not yet actionable and that the contempt application lacked merit. The decision emphasized the importance of following legal procedures in redundancy cases and the necessity of having a clear court order to support contempt proceedings.

7. Dissent:
There were no dissenting opinions noted in the case ruling.

8. Summary:
The Employment and Labour Relations Court dismissed both applications filed by Walter Edwin Ogara Odhiambo against SGS Kenya Limited. The court highlighted the procedural deficiencies in the redundancy notice and the absence of a valid court order to support the contempt application. This case underscores the critical nature of adhering to statutory requirements in redundancy processes and the importance of judicial authority in contempt matters.

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