[2025] KEELRC 1941 (KLR)

[2025] KEELRC 1941 (KLR)

The court found that the Grievant convened a meeting at the workplace in contravention of Covid-19 restrictions and express company instructions, amounting to gross misconduct under section 44(4)(e) of the Employment Act. The Respondent followed due process by issuing a notice to show cause, conducting a...

Source-derived case information.

Citation
[2025] KEELRC 1941 (KLR)
Parties
Applicant: Kenya Engineering Workers Union; Respondent: Ashut Engineering Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Judgment Date
30 June 2025
Case Number
Cause E362 of 2023
Procedural Posture
Employment Cause / Judgment
Outcome
suit dismissed
Judges
BOM Manani
Legal Topics
Summary Dismissal, Collective Bargaining Agreement, Disciplinary Procedure, Gross Misconduct, Certificate of Service
Source Language
english
Employment and Labour Summary Dismissal Collective Bargaining Agreement Disciplinary Procedure Gross Misconduct Certificate of Service

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Summary, issues, holding and outcome

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Parties

Kenya Engineering Workers Union

Applicant

Ashut Engineering Limited

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent’s decision to terminate the Grievant’s employment was lawful.
  2. 2 Whether the Grievant is entitled to the orders sought in the suit.

Ratio Decidendi

The court found that the Grievant convened a meeting at the workplace in contravention of Covid-19 restrictions and express company instructions, amounting to gross misconduct under section 44(4)(e) of the Employment Act. The Respondent followed due process by issuing a notice to show cause, conducting a disciplinary hearing where the Grievant was represented and allowed to call witnesses, and providing an opportunity to appeal. The Grievant's claims for notice pay, service pay, pro-rata leave, and unpaid work days failed for lack of evidence and statutory disentitlement, as he was summarily dismissed and was an NSSF contributor. The claim of discrimination was rejected, as the Respondent...

Court Disposition

suit dismissed

Orders

  • The suit is dismissed.
  • The Respondent is ordered to provide the Grievant with a Certificate of Service.