[2018] KEELRC 1811 (KLR)

[2018] KEELRC 1811 (KLR)

The court found that the respondent failed to adhere to the terms of the employment contract and statutory requirements regarding dismissal. The show cause letter was issued before the seven-day period for absenteeism had lapsed, contrary to the contract. The respondent did not provide sufficient evidence of...

Source-derived case information.

Citation
[2018] KEELRC 1811 (KLR)
Parties
Claimant: Peter Nderitu Githaiga; Respondent: The Diocese of Meru Trustees (Registered) t/a St. Theresa’s Mission Hospital Kiirua
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nyeri
Jurisdiction
Kenya
Case Number
Civil Suit 313 of 2017
Procedural Posture
Employment Claim / Judgment
Outcome
Claim partly allowed; summary dismissal reduced to normal termination with notice; compensation and costs awarded.
Judges
AN Makau
Legal Topics
Unfair Termination, Summary Dismissal, Procedural Fairness, Employment Contracts, Remedies for Unfair Dismissal
Source Language
en
Employment and Labour Unfair Termination Summary Dismissal Procedural Fairness Employment Contracts Remedies for Unfair Dismissal

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Parties

Peter Nderitu Githaiga

Claimant

The Diocese of Meru Trustees (Registered) t/a St. Theresa’s Mission Hospital Kiirua

Respondent

Procedural Posture

Employment Claim / Judgment

Legal Issues

  1. 1 Whether the claimant was unlawfully dismissed from employment.
  2. 2 Whether the respondent followed due process in terminating the claimant's employment.
  3. 3 What remedies, if any, are available to the claimant for the alleged unfair dismissal.

Ratio Decidendi

The court found that the respondent failed to adhere to the terms of the employment contract and statutory requirements regarding dismissal. The show cause letter was issued before the seven-day period for absenteeism had lapsed, contrary to the contract. The respondent did not provide sufficient evidence of procedural fairness, such as proof of delivery of notices or calling relevant witnesses. The claimant, while not entirely credible, proved on a balance of probabilities that the summary dismissal was unfair. Consequently, the dismissal was reduced to a normal termination with notice, entitling the claimant to one month’s salary in lieu of notice and two months’ salary as compensation....

Court Disposition

Claim partly allowed; summary dismissal reduced to normal termination with notice; compensation and costs awarded.

Orders

  • Respondent to pay claimant one month’s salary in lieu of notice (Ksh. 12,085).
  • Respondent to pay claimant two months’ salary as compensation (Ksh. 24,170).