Boniface Nzuki Mbithi v Athi River Shalom Community Hospital [2019] KEELRC 78 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 78
- Citation
- [2019] KEELRC 78 (KLR)
- Decided
- 19 December 2019
The dismissal was valid and justified, but the Respondent failed to provide a show cause letter and did not notify the Claimant of the disciplinary hearing. The judgment awards one month's salary in lieu of notice and two months' salary as compensation.
Facts
The Claimant was employed as a Driver by the Respondent on 8th June 2012. He was suspended on 22nd May 2015 for alleged absence and damage to the Respondent's vehicle. He attended a disciplinary hearing on 27th May 2015 but was not recalled.
Issues
- Whether the dismissal was unfair and unlawful
- Whether the Claimant is entitled to the claimed reliefs
Reasoning
The Employment Act requires a hearing and notification before summary dismissal. The Respondent's failure to provide a show cause letter and notify the Claimant of the disciplinary hearing was a procedural lapse.
Outcome
Judgment for the Claimant in the total sum of Kshs.33,000
Orders
- Issue a certificate of service
- Pay claimant's costs
- Accrue interest from date of judgment
Remedies
- One month's salary in lieu of notice
- Two months' salary as compensation
Authorities cited
Legislation (1)
- Employment Act
Cases cited (1)
- Shankar Saklani –v- DHL Global Forwarding (K) Limited [2012] eKLR
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