Kesesi v Masinde Muliro University of Science and Technology (Cause 217 of 2018) [2023] KEELRC 604 (KLR) (15 March 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 604
- Citation
- [2023] KEELRC 604 (KLR)
- Decided
- 15 March 2023
The Court finds that the process leading to the dismissal was not fair, despite the Respondent proving valid and fair reasons to dismiss the Claimant.
Facts
The Claimant, Middletone S. Kesesi, was terminated by the Respondent, Masinde Muliro University of Science and Technology, on 9 March 2017. The Respondent issued a show-cause notice on 22 December 2016, and the Claimant was invited to a disciplinary hearing on 23 February 2017. The Claimant did not attend the hearing and presented a sick note, which was placed before the Disciplinary Committee.
Issues
- Whether the Respondent unfairly terminated the employment of the Claimant
- Procedural fairness in the termination process
Reasoning
The Court concludes that the process did not meet the threshold of procedural fairness due to the failure to postpone the hearing and the lack of disclosure regarding the hearing's details.
Outcome
The Cause is dismissed with no order on costs.
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