Kenya Union of Commercial, Food and Allied Workers v Small and Macro Enterprise Programme (SMEP) & another [2017] KEELRC 951 (KLR)

Summary at a glance

Facts

Nicera Njoki Mugo was employed by the respondent as a credit officer III and promoted to Marketing Unit Manager. She was investigated for integrity and an audit report was forwarded to the respondent's chairperson. She was later reprimanded and ordered to attend a disciplinary meeting.

Issues

• Whether the termination of her services was unfair and unlawful
• Whether she had shared the audit report with the chairperson without consent

Reasoning

The grievant was reprimanded for forwarding the audit report to the chairperson without consent, which was contrary to the human resource policy and led to disciplinary action.

Outcome

Judgment in favor of the claimant

Orders

• Reinstatement of the grievant's services unconditionally without loss of benefits
• Payment of salary arrears up to judgment date
• Three months' notice pay
• Payment of leave accrued to date of judgment
• One month's leave when recalled from maternity leave