Mary Wagikuyu Komu v The Kenya Hospital Association T/A The Nairobi Hospital [2016] KEELRC 534 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 534
- Citation
- [2016] KEELRC 534 (KLR)
- Decided
- 14 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnlawful TerminationPostureClaimant's Claim for Unlawful Termination and Payment of Terminal DuesCoramChristina M. Were
Holding
The Claimant's dismissal was lawful and fair, and her claim for unlawful and unfair dismissal must fail.
Facts
Claimant Mary Wagikuyu Komu worked as a Cashier at Nairobi Hospital from December 2010 to August 2014. She was arrested and accused of stealing by servant on July 24, 2014, and was dismissed on August 27, 2014, without a disciplinary hearing.
Issues
- Whether the Claimant's dismissal was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Claimant ignored the show cause memo and did not attend the disciplinary hearing, failing to raise any issues with the employer. The procedural fairness requirements were fulfilled by asking for a response and attendance at the hearing.
Outcome
Claimant's claim for unlawful and unfair dismissal dismissed
Orders
- One month's salary in lieu of notice admitted and payable
- 20 days' leave pay allowed
Remedies
- One month's salary in lieu of notice
- 20 days' leave pay
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (1)
- Jackson Butiya v Eastern Produce Kenya Limited (Cause No 335 of 2011)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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