Brown Tsuma Mukanda v National Gender and Equality Commission [2015] KEELRC 986 (KLR)

Summary at a glance

Facts

The claimant, Brown Tsuma Mukanda, was hired by the respondent, National Gender and Equality Commission, on 23rd November, 2012 for a period of 5 years. He was dismissed on 6th October, 2014 for what he considered 'without just reasons'. He appealed the dismissal but the appeal was heard by the same body that heard the notice to show cause. The claimant was issued a warning letter on 10th July, 2014, which was to remain in force for six months, but no third warning letter was issued.

Issues

• Whether the respondent's decision to terminate the claimant's employment was in accordance with the Employment Act and rules of natural justice.
• Whether the claimant's dismissal was in gross violation of the contract employment, the Employment Act, and rules of natural justice.

Reasoning

The Court is not persuaded that the claimant has demonstrated that damages would not be an adequate remedy. The dismissal was not in gross violation of the contract employment, the Employment Act, and rules of natural justice.

Outcome

Application dismissed with costs.

Authorities cited