Wlater Ndeta v Unga Limited [2017] KEELRC 2001 (KLR)
The bottom line
#Kenya's Employment Court upheld Unga Ltd's summary dismissal of an employee for workplace fighting, but ordered payment of his accrued wages and untaken leave.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness of the summary dismissal
The dismissal was procedurally fair; the claimant received a show cause letter, hearings on 17 February and 5 March 2014, and the chance to make written and oral representations accompanied by a colleague of his choice.
The court traced the disciplinary process: show cause letter of 5 February 2014, an inconclusive hearing of 17 February 2014, suspension for investigations, invitation to a hearing of 4 March 2014 with the right to be accompanied, and the hearing held 5 March 2014. It found this met the statutory requirements of section 41 of the Employment Act, 2007.
Substantive fairness of the summary dismissal
The dismissal was substantively fair because the claimant was involved in a workplace fight, conduct expressly forbidden by the respondent's Code of Business Conduct and Ethics.
Although the claimant denied fighting, the court found ample evidence of an altercation with a fellow employee who was his relative, corroborated by the claimant's own letter of 4 March 2014 acknowledging an altercation resolved after a family meeting. Conduct prohibited by the code of conduct constituted a valid and fair reason for summary dismissal.
Entitlement to accrued wages and pay in lieu of leave
The claimant was entitled as of right to wages up to 4 March 2014 and pay in lieu of 25 days leave, and these were awarded unchallenged by the respondent.
The dismissal letter itself informed the claimant of his entitlement to wages up to the dismissal date and to pay in lieu of 25 days leave. The respondent did not challenge the amounts as computed by the claimant, so the court found in the claimant's favour on both heads.
Legal principles established
#- An employer who issues a show cause letter, allows written and oral representations, and accords the employee a hearing and accompaniment by a colleague satisfies section 41 of the Employment Act procedural fairness requirements.
- A summary dismissal is for a valid and fair reason where the conduct complained of is expressly forbidden by the employer's code of conduct.
Court orders
#- 1.Award of wages for March 2014 of Kshs 4,034/-
- 2.Award of pay in lieu of leave of Kshs 29,096/- (total award Kshs 31,130/-)
- 3.Claimant awarded costs of Kshs 15,000/-
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (referral of a labour dispute by memorandum of claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wlater Ndeta v Unga Limited [2017] KEELRC 2001 (KLR)", Case Analysis (2017). Cause (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/2001/eng@2017-11-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.