UNLAWFUL

Keroche Breweries to pay sacked director Sh1.1m

Jude Byram Ong'aya says dismissal was unfair in procedure and merits

In Summary

• Kennedy Mohochi was dismissal on grounds of poor performance after working for only six months.

• He sued Keroche Breweries Limited for unfair termination asking for Sh6 million. 

Keroche beer manufacturing company production lines at their factory in Naivasha
Keroche beer manufacturing company production lines at their factory in Naivasha
Image: FILE

A labour court has awarded a former Keroche Breweries director Sh1.1 million for unfair dismissal from work.

Employment and Labour Relations Court Judge Byram Ong’aya, however, declined to award the former sales and marketing Director more than Sh4 million that he asked for.

Even though the court ruled that Kennedy Mwita Mohochi had been wrongfully terminated, he noted that he had only served the company for six months.

Ang’aya awarded Mohochi Sh1,111,216 in accordance with the employment contract to be paid by December 15.

“He is awarded the undisputed one month salary for March 2015 Sh405,608, Sh405,608 pay in lieu of one month notice and accrued leave at Sh300,000,” the judge said.

Mohochi desired to continue in employment.

“In view of the short period served, in this case, the court returns that the award should serve ends of justice,” the judge said.

Ong’aya noted that the dismissal was unfair in procedure and merits since the director had served for only six months and he had not contributed to his termination.

He said that Keroche Breweries did not have proof of poor performance which was the ground for the termination of the contract.

Mohochi was employed as the Sales and Marketing Director in September 2014 and in March the following year, his contract was terminated.

His employer in the termination letter noted that the dismissal was on account of the claimant’s business performance falling short of the company’s expectations.

Keroche said he failed to implement the desired marketing strategies to raise brand awareness and overall volume sales in the market.

The letter stated that Mohochi was unsuitable for the job and that he’d be paid salary for March 2015, one month in lieu of notice, and 11 days accrued leave.

He was henceforth not authorised to transact any business on behalf of the Keroche.

Mohochi told the court that he was called in a meeting and told about his disobedience including the alleged use of private funds and unjustified refund claims.

He was accused of engaging in projects without prior disclosure of the activities.

The director said his contract was terminated suddenly without notice and a hearing on account of poor performance.

Keroche’s lawyer, on the other hand, argued that Mohochi kept on complaining about late provisions of money necessary to facilitate the field sales and marketing expenses.

In his ruling, Ong’aya said Keroche failed to establish specific details that as at termination, Mohochi had unsatisfactory performance.

The judge said the company did not have documented policies on the requisition of the funds.

“The claimant will not be faulted whereas the respondent’s operational systems had not been properly instituted and conveyed to the claimant. The termination was unfair in procedure and merits,” he ruled.

The judge, however, declined to award Muhochi Sh220,244 outstanding reimbursements that he had prayed for in the case.

“The claim on reimbursement will fail because the claimant did not produce evidence of the expenses that were allegedly incurred and the subject of the petty cash requisition form,” he said.