Waweru v Vanmed Limited (Cause 856 of 2019) [2024] KEELRC 97 (KLR)
The bottom line
#A Kenyan court upheld a medical worker's dismissal for lateness after he signed a discharge voucher releasing his employer from further claims.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether termination was carried out fairly under Sections 41 and 45 of the Employment Act
- 2.Whether termination was based on valid reason under Sections 43 and 45 of the Employment Act
- 3.Whether the Claimant merits the remedies sought
Key legal issues
#Fairness of procedure under Section 41
Procedure was fair; the Claimant was given a show-cause letter, replied, was invited to a disciplinary hearing with the right to be accompanied, and was heard
The Claimant conceded receipt of a show-cause letter which he answered. He was invited to a hearing before a 5-person committee, initially denied but quickly recanted the claim that he was not advised of his right to bring a colleague, and did not dispute being heard. The Court found no fault with the procedure.
Valid reason under Sections 43, 44(4) and 45
Arriving late for a scheduled surgical procedure while nursing an alcohol-induced hangover was negligence amounting to gross misconduct justifying termination
The Claimant drank until midnight before a 9.00 a.m. theatre procedure at Aga Khan Hospital and arrived late, delaying the procedure. The Surgeon confirmed the delay to the disciplinary committee. Section 44(4)(c) covers carelessly or improperly performed duties; the Respondent validly concluded the Claimant was guilty of negligence constituting gross misconduct.
Effect of executed discharge on the remedies sought
The unequivocal discharge executed freely and willingly barred the Claimant's claim for further remedies
The Claimant received Kshs 402,170 in terminal dues including notice pay, acknowledged receipt and released the Respondent from all actions, proceedings, claims or demands arising from final dues. No coercion was suggested. Following Coastal Bottlers Limited v Kimathi Mithika, the Court noted it could have declined to entertain the claim had the discharge been raised preliminarily.
Legal principles established
#- An employee who has executed a discharge voucher is deemed to have waived the right to make further claims relating to termination of his contract
Court orders
#- 1.The Claim is declined
- 2.Costs to the Respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over unfair and unlawful termination claims under the Employment Act 2007
Relief refused
#Declaration that termination was unfair and unlawful
Termination was fair both on procedure and substantive justification
12 months' salary compensation and punitive/aggravated damages
Claimant was paid terminal benefits of Kshs 402,170 and executed an unequivocal discharge
Certificate of Service
Certificate of Service had already been issued to the Claimant
Costs
Costs to the Respondent
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
It Is Ordered a. The Claim is declined. b. Costs to the Respondent.
The Court does not find a single fault with the procedure employed by the Respondent, in terminating the Claimant's contract. Procedure was fair, in accordance with Sections 41 and 45 of the Employment Act 2007.
Termination was based on valid reason under Sections 43, 44[4] and 45 of the Employment Act.
This is because such an Employee is deemed to have waived his right to make further claims, in relation to termination of his contract.
He made this bare pleading, without evidence.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Waweru v Vanmed Limited (Cause 856 of 2019) [2024] KEELRC 97 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/97/eng@2024-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.