[2014] KEELRC 831 (KLR)
The court found that the grievant was dismissed for a genuine reason, namely his admitted liability for causing two traffic accidents while employed as a chase car driver. The evidence established that the respondent followed due process by subjecting the grievant to a disciplinary committee before termination. The...
Source-derived case information.
- Citation
- [2014] KEELRC 831 (KLR)
- Parties
- Applicant: Kenya National Private Security Workers Union; Respondent: Wells Fargo Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 282 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed
- Judges
- B Ongaya
- Legal Topics
- Unfair Termination, Disciplinary Process, Reinstatement, Employee Misconduct
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya National Private Security Workers Union
Applicant
Wells Fargo Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the termination of the grievant's employment was justified under the law.
- 2 Whether the grievant is entitled to reinstatement and payment of salaries for the period out of employment.
Ratio Decidendi
The court found that the grievant was dismissed for a genuine reason, namely his admitted liability for causing two traffic accidents while employed as a chase car driver. The evidence established that the respondent followed due process by subjecting the grievant to a disciplinary committee before termination. The court held that persistent and admitted poor performance constituted a valid ground for dismissal. Consequently, the claimant was not entitled to reinstatement or payment of salaries for the period out of employment. The suit was dismissed with costs to the respondent.
Court Disposition
claim dismissed
Orders
- The claimant’s suit is dismissed with costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT NAKURU
CAUSE NO. 282 OF 2013
KENYA NATIONAL PRIVATE SECURITY WORKERS UNION.................................................................... CLAIMANT
-VERSUS-
WELLS FARGO LIMITED......................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 28th February, 2014)
JUDGMENT
The claimant filed the memorandum of claim on 27. 08. 2013 on behalf of its member Athanus Mwinamo Khalili (the grievant). The claimant prayed for orders:
That the grievant be reinstated to his former employment and be paid his salaries for the period he has been out of employment.
The costs of the suit.
The respondent filed the memorandum of response on 23. 10. 2013.
The case was heard on 18. 02. 2014 when the grievant gave evidence to support his case. The respondent’s witness was Stephen Kang’ethe, the respondent’s Human Resource Manager.
The facts of this case are clear-cut.
The grievant was employed by the respondent on 15. 01. 2009 as a chase car driver and deployed to the respondent’s Eldoret branch. The grievant in his testimony admitted that he was liable in causing motor vehicle traffic accidents on 11. 01. 2012 and 9. 05. 2012. The evidence shows that the claimant was accorded due process through the disciplinary committee and subsequently dismissed from employment on account of his admitted liability of occasioning the last of the accidents.
The court has considered the pleadings, evidence and the submissions. The court finds that the reason for termination was genuine and the claimant was terminated upon his own admission of poor performance. In view of the persistent and admitted poor performance, the court finds that the claimant is not entitled to the order of reinstatement as prayed for.
In conclusion, the claimant’s suit is dismissed with costs.
Signed, datedanddeliveredin court atNakuruthisFriday, 28th February, 2014.
BYRAM ONGAYA
JUDGE