[2020] KEELRC 1275 (KLR)

[2020] KEELRC 1275 (KLR)

The court found that the claimant's summary dismissal was unlawful and unjustified because the disciplinary committee was improperly constituted in violation of the RECSA Staff Manual, and the claimant was denied her right to appeal. These procedural breaches also amounted to violations of Article 47 of the...

Source-derived case information.

Citation
[2020] KEELRC 1275 (KLR)
Parties
Claimant: Marie Claire Bisamaza; Respondent: Regional Centre on Small Arms in the Great Lakes Region, the Horn of Africa and Boardering States (RECSA)
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 1276 of 2017
Procedural Posture
Employment Cause / Judgment
Outcome
judgment for the claimant
Judges
HS Wasilwa
Legal Topics
Unfair Termination, Disciplinary Procedure, Right to Fair Administrative Action, Breach of Contract, Remedies for Wrongful Dismissal
Source Language
en
Employment and Labour Unfair Termination Disciplinary Procedure Right to Fair Administrative Action Breach of Contract Remedies for Wrongful Dismissal

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Parties

Marie Claire Bisamaza

Claimant

Regional Centre on Small Arms in the Great Lakes Region, the Horn of Africa and Boardering States (RECSA)

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the claimant's summary dismissal was unlawful and in violation of the employment contract and statutory provisions.
  2. 2 Whether the disciplinary process complied with the RECSA Staff Manual and the Fair Administrative Action Act.
  3. 3 Whether the claimant is entitled to reinstatement, salary, damages, and other remedies.

Ratio Decidendi

The court found that the claimant's summary dismissal was unlawful and unjustified because the disciplinary committee was improperly constituted in violation of the RECSA Staff Manual, and the claimant was denied her right to appeal. These procedural breaches also amounted to violations of Article 47 of the Constitution and the Fair Administrative Action Act. The respondent failed to provide valid reasons for the termination or to follow fair procedure as required by Section 45(2) of the Employment Act. The court held that the claimant was entitled to remedies including payment of salary for May, one month salary in lieu of notice, prorated leave, compensation for unfair termination,...

Court Disposition

judgment for the claimant

Orders

  • Respondent to pay claimant salary for May (8,000 Euros).
  • Respondent to pay claimant one month salary in lieu of notice (8,000 Euros).