[2018] KEELRC 277 (KLR)

[2018] KEELRC 277 (KLR)

The court found that the Claimant was summarily dismissed for valid reasons, namely gross misconduct involving inappropriate sexual relationships with refugees under his care, which was contrary to both his employment contract and the Respondent's policies. The Claimant admitted to such a relationship, and the...

Source-derived case information.

Citation
[2018] KEELRC 277 (KLR)
Parties
Applicant: Edward Lisamula Milimu; Respondent: Farouk Bisbas; Respondent: Bobby Waddel; Respondent: Lutheran World Federation
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 62 of 2014
Procedural Posture
Employment Claim / Judgment
Outcome
claim dismissed with costs to the respondents
Judges
HS Wasilwa
Legal Topics
Summary Dismissal, Gross Misconduct, Disciplinary Process, Employment Contracts, Malicious Prosecution, Defamation
Source Language
en
Employment and Labour Summary Dismissal Gross Misconduct Disciplinary Process Employment Contracts Malicious Prosecution Defamation

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Summary, issues, holding and outcome

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Parties

Edward Lisamula Milimu

Applicant

Farouk Bisbas

Respondent

Bobby Waddel

Respondent

Lutheran World Federation

Respondent

Procedural Posture

Employment Claim / Judgment

Legal Issues

  1. 1 Whether there were valid reasons to warrant summary dismissal of the Claimant.
  2. 2 Whether the Claimant was accorded a fair hearing before dismissal.
  3. 3 Whether the dismissal of the Claimant was justified in the circumstances.

Ratio Decidendi

The court found that the Claimant was summarily dismissed for valid reasons, namely gross misconduct involving inappropriate sexual relationships with refugees under his care, which was contrary to both his employment contract and the Respondent's policies. The Claimant admitted to such a relationship, and the evidence, including minutes of disciplinary meetings and criminal proceedings, supported the Respondent's case. The court held that under Section 17(g) of the Employment Act (repealed), suspicion of a criminal offence against the employer or its interests was sufficient for summary dismissal. The court further found that the Claimant was accorded due process, as he participated in...

Court Disposition

claim dismissed with costs to the respondents

Orders

  • The entire claim is dismissed with costs to the Respondents.