Expat Case Studies

A French Pilot Lost His Kenyan Job: Unpaid Incentives, Permit Disputes and Compensation on Appeal

A foreign professional can lose a Kenyan job and face an immigration problem at the same time. An employer may say that the permit does not authorise the work, while the employee says the issue appeared only after a demand for unpaid earnings. Resolving the dispute requires more than choosing which account sounds persuasive. The contract, permit, work actually performed, payment records and termination procedure must be examined together.

A French pilot’s dispute is useful because the appellate court addressed both employment rights and the consequences of immigration requirements. It also changed the compensation award. The case should therefore be read as a specific dispute with a specific procedural history, rather than a promise that every expatriate dismissed over a permit issue will receive the same number of months’ pay.

The French pilot’s appeal

Five Forty Aviation Limited v Erwan Lanoe, Civil Appeal 55 of 2016, [2019] KECA 763 (KLR), was decided by the Court of Appeal at Nairobi on 10 May 2019. The French pilot alleged unfair termination after demanding accrued incentive payments. The employer disputed the claim and argued that his permit position made the employment contract unenforceable.

The court upheld the findings supporting notice pay, accrued incentives and pay for days worked, but reduced unfair-termination compensation from eight months’ salary to five. That compensation component was KES 4,627,800; it should not be confused with the total of all heads of relief or proof that the judgment was paid. See the primary appellate judgment.

The report contains inconsistencies in some employment dates. This article relies on the identified issues and appellate orders without presenting the inconsistent chronology as a verified timeline.

Build two connected files: employment and immigration

Start with a contract file containing the offer, signed agreement, amendments, job description, pay records and termination communications. Create a separate immigration file with permits, applications, expiry dates and correspondence. The files interact, but combining everything into one narrative can hide which obligation or deadline belongs to which process.

Record the entity that employed you, the role performed and the entity or activity identified in the permit. A corporate group may use several company names, and an employee may work across different operations. Ask the advocate to establish the legal relationships rather than assume a familiar brand name identifies the employer or the permit sponsor.

Do not rely on a verbal assurance that a permit application is “being handled.” Keep the application reference, the documents submitted and written updates. If a permit has expired or the role changed, disclose that promptly. Employment advice should not be used as a reason to continue activity that may require separate immigration authorisation.

Ask what changed when the dispute began

A useful chronology identifies the employment arrangement before the disagreement and the events leading to termination. When was unpaid pay first raised? When did the employer question the permit? Was a new legal requirement, job change or renewal problem identified? Which documents support the sequence?

Timing can be relevant, but it is not proof of retaliation by itself. Preserve the demand, response and contemporaneous employment records. If managers gave different explanations, identify the communication and author of each. Avoid turning an inference into an established fact before the evidence has been assessed.

Give the advocate earlier warnings, performance reviews and disciplinary material, including documents you consider unfair. The employer’s account must be understood and addressed. An incomplete file can produce unrealistic advice about a claim that later encounters records the employee failed to mention.

Know what the contract actually promises

Separate basic salary, allowances, incentives, overtime, reimbursements and discretionary payments. For each item, identify the clause or policy relied upon and any amendment. A payslip total may contain components treated differently for calculation or recovery. Do not assume that every allowance should be included in every claimed remedy.

Where a later addendum exists, retain both versions and evidence of execution. Ask whether it changed the earlier provision, when the change took effect and which period remains disputed. Do not calculate the whole employment period using whichever version produces the largest figure without explaining the legal basis.

For foreign-currency terms, keep the original currency and payment records. Explain whether the contract specifies a conversion method and how actual payments were made. If gross and net amounts differ, identify the deductions and documents. A transparent calculation is easier to assess than a headline figure with no working.

Prove unpaid work through a period-by-period schedule

A claim for incentives or additional hours should identify the relevant period, work performed, contractual rate, payment received and balance alleged. Retain rosters, authorised logs, approvals and payslips where lawfully available. The advocate can advise what records should be requested from the employer and how they may be proved.

Do not take confidential records unlawfully or delete employer material when leaving. Ask how to preserve evidence appropriately and distinguish personal employment documents from protected business information. Keep a note of relevant records that exist even where you cannot lawfully copy them yourself.

Reconcile payments already received. If the employer says the incentive was included in another line item, identify the dispute rather than simply ignoring that explanation. A schedule should allow someone unfamiliar with the job to follow the calculation and see precisely which entries require evidence or interpretation.

Termination procedure is a separate issue

The Employment Act includes provisions concerning notification and hearing, reasons for termination and unfair termination, including sections 41, 43 and 45. Their relevance depends on the reason and circumstances. Ask the advocate to identify what procedure was required in the particular case.

Collect invitations to meetings, allegations, responses, minutes, decisions and any internal appeal. Record the notice given and what opportunity existed to respond. If a meeting was conducted in a language you could not properly understand, explain that accurately and retain any relevant request for assistance.

Do not assume that a valid concern about permission to work makes every termination step irrelevant. Equally, do not assume an imperfect dismissal procedure grants a continuing right to work without the necessary authorisation. The employment and immigration consequences should be assessed together without conflating them.

Permit responsibility needs direct legal analysis

Section 45 of the Kenya Citizenship and Immigration Act addresses employment of foreign nationals and an employer’s duty concerning the required permit or pass. A present case should be checked against the applicable law, permit category and facts, not only a historic permit label from a reported decision.

Ask which party undertook the application work, what documents were supplied and why any renewal or change failed. Preserve correspondence with the employer and immigration advisers. If information was requested but never provided, identify that fact rather than presenting the process as entirely outside your control.

For a new role, confirm the authorisation before beginning work. A settlement of an employment claim, an offer from another employer and a valid immigration status are different matters. Obtain advice about what can lawfully happen next rather than relying on an assumption that a previous permit automatically follows the employee.

Do not delay while discussing a settlement

Section 90 of the Employment Act contains time limits for employment claims. The appropriate treatment of an alleged continuing injury and the date a cause of action arose require careful advice. Ask for the earliest relevant deadline at the outset rather than assuming negotiations extend time.

Make a procedural log showing the termination date stated, the last day worked, any payments, complaints, internal appeal and correspondence. Keep the actual documents where dates conflict. A demand letter may be useful without itself preserving every possible claim indefinitely.

If another adviser has already acted, provide their instructions, filings and advice about deadlines. Do not begin a second process without checking the first. A coordinated strategy reduces the risk of inconsistent positions or an important time limit being missed while responsibility is unclear.

Calculate remedies without double counting

Notice pay, unpaid earnings, accrued contractual benefits and compensation for unfair termination are separate heads. Ask the advocate to explain the basis and evidence for each. The same loss should not be repeated under different labels merely to increase the total demanded.

Section 49 of the Employment Act addresses remedies and relevant considerations. Compensation is not an automatic maximum award. An assessment should consider the individual facts and available evidence rather than multiply salary by the highest figure mentioned in another case.

Retain records of reasonable efforts to address the consequences of job loss, including applications for alternative work where lawful. Explain any practical constraints accurately. A compensation assessment can involve mitigation and other circumstances; an adviser should understand them before giving an estimate of prospects or value.

Review any exit document before signing

An employer may propose a separation agreement, clearance form or acknowledgment of payment. Read what it actually releases, what remains payable and which obligations continue. Ask about the treatment of benefits, tax, confidentiality, references, repatriation arrangements and permit-related steps where relevant.

Do not sign a statement that all sums were received if that is not accurate. If payment will be made later, ensure the document reflects the agreed sequence and consequences of non-payment. A promise made in a meeting should be captured appropriately rather than assumed to override a signed release.

Verify the employer entity and the authority of the signatory. Where several companies are involved, ask who is bound to pay and how enforcement would work. A settlement is valuable only if its terms match the intended resolution and can be implemented.

Prepare focused instructions from abroad

If you have already left Kenya, supply your current location and reliable contact details. Identify original documents, witnesses and any practical difficulty in obtaining records. Ask the advocate about representation arrangements and what participation may be required. Do not assume absence makes a claim impossible or procedurally effortless.

Provide the contract versions, payment schedule, permit file, termination documents and deadline log. State your immediate objective: unpaid earnings, settlement advice, a challenge to termination or clarification of immigration consequences. Agree the scope and fees for the first stage and verify the advocate’s professional details before paying.

Sources and outcome limits

The case account is based on the linked 2019 Court of Appeal judgment. Later payment or enforcement has not been independently verified, and a targeted search did not identify a reported later decision reversing the cited outcome. That is not proof that no later procedural event occurred. The practical sections are editorial guidance, not additional findings about the parties. This was not a matter handled by Kenya Legal Help.

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