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ELRCPartially AllowedCause (number not stated in judgment)· [2017] KEELRC 2001 (KLR)

Wlater Ndeta v Unga Limited [2017] KEELRC 2001 (KLR)

Employment and Labour Relations Court
24 November 2017
921 words in judgment
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The bottom line

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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

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Executive summary

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Walter Ndeta sued Unga Ltd in the Employment and Labour Relations Court at Eldoret, seeking Kshs 846,511 and a declaration that his summary dismissal on 5 March 2014 was unfair. The claimant was engaged on fixed term contracts from 2007, the last expiring on 30 June 2015. Following a workplace fight with a fellow employee who was his relative, he was issued a show cause letter on 5 February 2014, attended an inconclusive hearing on 17 February 2014, was suspended for two weeks, and after a disciplinary hearing on 5 March 2014 was summarily dismissed. The court adopted the issues framed by the claimant. On procedure, it found the respondent had complied with section 41 of the Employment Act, 2007, since the claimant had opportunities to make written and oral representations and to be accompanied by a colleague. On substance, despite the claimant's denial, the court found ample evidence of the fight, corroborated by his own letter of 4 March 2014 acknowledging an altercation resolved by a family meeting, and held the summary dismissal was for a valid and fair reason under the respondent's Code of Business Conduct and Ethics. The claim for compensation, pay in lieu of notice and leave travelling allowance failed. However, the court awarded the claimant, as of right, wages for March 2014 of Kshs 4,034 and pay in lieu of 25 days leave of Kshs 29,096, totalling Kshs 31,130, plus costs of Kshs 15,000. Judgment delivered by Radido Stephen J on 24 November 2017.

Key legal issues

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01

Procedural fairness of the summary dismissal

Holding

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.

Reasoning

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.

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02

Substantive fairness of the summary dismissal

Holding

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.

Reasoning

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.

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03

Entitlement to accrued wages and pay in lieu of leave

Holding

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.

Reasoning

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.

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Legal principles established

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  • 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

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  1. 1.Award of wages for March 2014 of Kshs 4,034/-
  2. 2.Award of pay in lieu of leave of Kshs 29,096/- (total award Kshs 31,130/-)
  3. 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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.