[2017] KEELRC 186 (KLR)
The court found that while the claimant's employment was terminated without notice and a hearing as required by section 41 of the Employment Act, 2007, the claimant herself had breached the respondent's procurement policy by irregularly informing a supplier of a successful bid by telephone rather than through a...
Source-derived case information.
- Citation
- [2017] KEELRC 186 (KLR)
- Parties
- Claimant: Prisca Njeri Karia; Respondent: Thirikwa Farmers Co-operative Society Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 87 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed with costs to the respondent
- Judges
- B Ongaya
- Legal Topics
- Unfair Termination, Summary Dismissal, Procedural Fairness, Employee Misconduct
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prisca Njeri Karia
Claimant
Thirikwa Farmers Co-operative Society Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly or unlawfully terminated from employment.
- 2 Whether the claimant is entitled to compensation or terminal benefits for alleged unfair dismissal.
- 3 Whether the claimant contributed to the circumstances leading to her dismissal.
Ratio Decidendi
The court found that while the claimant's employment was terminated without notice and a hearing as required by section 41 of the Employment Act, 2007, the claimant herself had breached the respondent's procurement policy by irregularly informing a supplier of a successful bid by telephone rather than through a formal written order. This breach directly led to the delivery of unfit bags and the loss suffered by the respondent. The court held that the claimant's contribution to her dismissal was 100%, and therefore she was not entitled to any compensation under section 49(1)(c) of the Act. Additionally, the court noted that there was no evidence or submissions to support the other reliefs...
Court Disposition
claim dismissed with costs to the respondent
Orders
- The claimant's suit is dismissed with costs in favour of the respondent.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 87 OF 2013
PRISCA NJERI KARIA.........................CLAIMANT
VERSUS
THIRIKWA FARMERS CO-OPERATIVE SOCIETY LIMITED...........................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Wednesday, 20th December, 2017)
JUDGMENT
The claimant filed the memorandum of claim on 12. 08. 2013 through Wangechi Munene & Company Advocates. The claimant prayed for judgment against the respondent for:
a. Annual leave for 2 years Kshs.29, 340. 00.
b. One month salary in lieu of notice Kshs.14, 100. 00.
c. Terminal benefits of Kshs.38, 490. 00.
d. Service pay of general damages for wrongful or unfair dismissal.
e. Costs of the suit.
The claimant’s case is that she was employed by the respondent as secretary manager effective 01. 10. 2009. She alleges that she was unlawfully terminated from employment on 08. 03. 2013 when her monthly pay was Kshs.14, 100. 00. Her case is that the dismissal was unfair for want of due process.
The response to the memorandum of claim was filed on 16. 09. 2013 through Munene Wambugu & Company Advocates. The respondent prayed that the suit be dismissed with costs. At paragraph 3 of the memorandum of response it was stated thus, “3. Paragraph 3 and 4 of the memorandum of claim are not contested save to clarify that the dismissal was effective 1st March 2013. ” Thus, the court returns that the respondent has admitted that the respondent employed the claimant on 01. 10. 2009 as secretary manager and further that on 01. 03. 2013 the claimant was unlawfully dismissed from employment without a notice. The evidence on record was that as secretary manager, the claimant confirmed that she informed a supplier of sisal gunny bags that he had been a successful bidder for supply of the bags. She confirmed that following that communication, bags that were unfit for the purpose were delivered. The claimant in her testimony stated that it was irregular for her to convey the information to the supplier on telephone and a formal written order was necessary for that purpose. The court returns that had the claimant not irregularly conveyed to the supplier the information about the successful bid, then the unfit bags would not have been delivered to the respondent – because a formal order as per the respondent’s procurement policy would have provided for the specifications and quality of the bags the respondent was desirous of buying. The court has considered the pleadings, the evidence and the submissions. The court returns that whereas the claimant’s contract of employment was terminated without notice and a hearing as envisaged in section 41 of the Employment Act, 2007, the claimant substantially contributed to her termination when she breached the respondent’s procurement policy on conveying a formal written order for supply to successful bidders. The court places that contribution at 100% and returns that the claimant would not be awarded any compensation under section 49(1) (c) of the Act.
There was no evidence and submissions on the other reliefs as prayed for in the memorandum of claim. The court returns that the same were not justified and in absence of evidence and submissions in that regard, the same are deemed abandoned.
In conclusion, the claimant’s suit is hereby dismissed with costs in favour of the respondent.
Signed, datedanddeliveredin court atNyerithisWednesday, 20th December, 2017.
BYRAM ONGAYA
JUDGE