[2018] KEELRC 62 (KLR)

[2018] KEELRC 62 (KLR)

The court found that the respondent had both substantive and procedural justification for terminating the claimant's employment. The claimant admitted to several breaches of the employee code of conduct, including inappropriate dress, absenteeism, and failure to attend compulsory worship, and had previously received...

Source-derived case information.

Citation
[2018] KEELRC 62 (KLR)
Parties
Claimant: Christine Opiyo Lamon; Respondent: Seventh Day Adventist Church East Africa Ltd
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 796 of 2012
Procedural Posture
Employment Cause / Judgment
Outcome
Claim dismissed. No order as to costs.
Judges
AN Makau
Legal Topics
Unfair Termination, Disciplinary Procedure, Employee Misconduct, Severance Pay, Employment Benefits
Source Language
en
Employment and Labour Unfair Termination Disciplinary Procedure Employee Misconduct Severance Pay Employment Benefits

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Summary, issues, holding and outcome

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Parties

Christine Opiyo Lamon

Claimant

Seventh Day Adventist Church East Africa Ltd

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the termination of the claimant's employment was unfair.
  2. 2 Whether the claimant is entitled to the reliefs sought, including compensation, severance pay, accrued leave, and refund of study costs.

Ratio Decidendi

The court found that the respondent had both substantive and procedural justification for terminating the claimant's employment. The claimant admitted to several breaches of the employee code of conduct, including inappropriate dress, absenteeism, and failure to attend compulsory worship, and had previously received a warning for similar conduct. The respondent followed due process by issuing a show cause letter, considering the claimant's response, and providing an oral hearing before the executive committee. The court held that the reasons for termination were valid and fair, and the procedure met statutory requirements under the Employment Act. Consequently, the termination was not...

Court Disposition

Claim dismissed. No order as to costs.

Orders

  • The suit is dismissed in its entirety.
  • No order as to costs.