[2020] KEELRC 1593 (KLR)

[2020] KEELRC 1593 (KLR)

The court found that the respondent failed to follow due process in dismissing the claimant. Although the claimant was absent from work, he provided medical evidence and notified the employer of his illness. The respondent did not conduct a disciplinary hearing or issue a show cause letter, nor did it verify the...

Source-derived case information.

Citation
[2020] KEELRC 1593 (KLR)
Parties
Claimant: Stephen Oduor Ndege; Respondent: Riley Service Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 416 of 2014
Procedural Posture
Employment Cause / Judgment
Outcome
claim_partially_allowed
Judges
DO Ogal
Legal Topics
Unlawful Termination, Procedural Fairness, Summary Dismissal, Employee Absenteeism, Compensation for Dismissal
Source Language
en
Employment and Labour Unlawful Termination Procedural Fairness Summary Dismissal Employee Absenteeism Compensation for Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stephen Oduor Ndege

Claimant

Riley Service Limited

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the claimant was unlawfully terminated from employment by the respondent.
  2. 2 Whether the claimant is entitled to the reliefs sought for unfair dismissal.

Ratio Decidendi

The court found that the respondent failed to follow due process in dismissing the claimant. Although the claimant was absent from work, he provided medical evidence and notified the employer of his illness. The respondent did not conduct a disciplinary hearing or issue a show cause letter, nor did it verify the authenticity of the medical documents. The court held that an employee who is unwell cannot be expected to report daily, and the respondent's failure to follow up on the medical evidence or provide an opportunity for the claimant to be heard rendered the dismissal both procedurally and substantively unfair. The court emphasized that justice and equity require employers to act...

Court Disposition

claim_partially_allowed

Orders

  • The respondent shall pay the claimant one month’s salary in lieu of notice, Kshs.11,007.75.
  • The respondent shall pay the claimant 12 months’ compensation for unfair termination, Kshs.132,093.