Jemimah Pauline Awuor v Dormans Coffee Limited [2018] KEELRC 2 (KLR)
The bottom line
#A Kenyan court upheld a dismissal as fair because the employer followed proper procedure, but still ordered it to pay admitted leave dues and issue a certificate of service.
What this practically means
#Executive summary
#Key legal issues
#Existence and commencement date of the contract of service
The parties were in a contract of service; the claimant was employed in 2003 as per her evidence, corroborated by RW's testimony that she had worked about 15 years
The respondent's own witness testified that as at termination the claimant had worked for the respondent for about 15 years, which contradicted the respondent's pleaded commencement date of 12.05.2013. The Court therefore preferred the claimant's evidence that employment commenced in 2003.
Whether the termination was unfair
The termination was not unfair - both procedurally and on the validity of the reasons
Procedurally, the claimant received a show-cause notice, attended a disciplinary hearing whose minutes she signed, was summarily dismissed, and appealed, with the appeal dismissed. On substance, she confirmed the misconduct: missing mandatory meetings, hiring a casual without prior approval, and delaying reports and reconciliations. Her grievances about her supervisor did not justify breaching clear policies. Sections 43, 45 and 47(5) were satisfied.
Other remedies: overtime, notice pay, medical expenses, annual leave, certificate of service
Overtime, notice pay and medical expenses claims fail; annual leave awarded as admitted (Kshs.44,190.48 for 16 days); certificate of service to issue
The overtime claim failed for want of specific pleading and evidence of compliance with the computation process. Notice pay failed because gross misconduct entitled lesser notice. Medical expenses failed because the claimant bypassed the designated hospital. Annual leave was awarded only as admitted by the respondent's witness. A certificate of service is a statutory entitlement under section 51.
Legal principles established
#- An employer accords due process under section 41 of the Employment Act by issuing a show-cause notice, holding a disciplinary hearing, and offering an appeal
- An employee's unresolved grievances are not a reasonable ground for breaching the employer's clear policies
Court orders
#- 1.Payment of Kshs.44,190.48 by 15.01.2020, failing interest at Court rates from the date of filing the suit until full payment
- 2.The respondent to deliver a certificate of service by 15.01.2020
- 3.The respondent to pay costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (first-instance employment claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jemimah Pauline Awuor v Dormans Coffee Limited [2018] KEELRC 2 (KLR)", Case Analysis (2019). Cause No 576 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2/eng@2018-12-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.