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ELRCDismissedNot stated in the judgment· [2015] KEELRC 180 (KLR)

Simon G. Muriuki v Barclays Bank Of Kenya Limited [2015] KEELRC 180 (KLR)

Employment and Labour Relations Court
6 November 2015
ANAbuodha J. N.
1,177 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court upheld dismissal over fraudulent medical claims because the employer followed fair procedure and proved its reasons.

What this practically means

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Executive summary

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The claimant, employed by the respondent as a clerk from 12th March 2007, sued for damages for unfair termination and reinstatement after his services were terminated on 6th November 2012 following allegations that he presented fraudulent medical reimbursement claims. He had been suspended on 19th October 2012, subjected to a disciplinary hearing on 27th October 2012, and his appeal against termination was dismissed. The respondent's case was that a whistle blower alerted it and AON-Minet to unusually high medical reimbursements, investigations by Mr. Peter Ng'ang'a revealed that Marie Stopes denied treating the claimant on the alleged dates, and the disciplinary panel recommended termination. The respondent did not call witnesses, relying on its memorandum of response and documents. The court found no serious dispute over procedure: the claimant was suspended with clear reasons, given a disciplinary hearing at which he spoke, and exercised his right of appeal, which was dismissed. The dispute centred on the reason for termination. Applying section 47(5) of the Employment Act, the court held the respondent had shown a justifiable reason for dismissal, namely submission of fraudulent medical claims, while the claimant failed to demonstrate the accusations were false - he produced no documents evidencing treatment at Marie Stopes and did not rebut a letter from Marie Stopes Kitale disowning his claim. The court found the claim unmerited and dismissed it with costs.

Key legal issues

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01

Fairness of the termination procedure

Holding

The procedure was fair; the claimant was suspended, given a disciplinary hearing at which he defended himself, and exercised his right of appeal

Reasoning

The court found no serious dispute over procedure. The claimant was suspended with clear reasons, appeared before a disciplinary committee, was given a chance to speak, was informed of his right of appeal, and appealed. The appeal was heard and dismissed and the termination upheld. The court held it could not be said the dismissal was procedurally unfair.

p. 2
02

Justifiability of the reason for termination and burden of proof

Holding

The respondent proved a justifiable reason (fraudulent medical claims) and the claimant failed to discharge his burden of showing the accusations were false

Reasoning

Section 47(5) of the Employment Act allocates the burden of proving unfairness to the employee and justifying the grounds to the employer. The respondent produced a letter from Marie Stopes Kitale disowning the claimant's treatment claims, which the claimant did not rebut. The claimant produced no documents showing he attended Marie Stopes. The termination was therefore justified.

p. 2

Legal principles established

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  • Under section 47(5) of the Employment Act the burden of proving unfair termination rests on the employee, while the burden of justifying the grounds for termination rests on the employer

Court orders

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  1. 1.The claimant's suit is dismissed with costs

Authorities

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Legislation

  • Employment ActSection 47(5)
Jurisdiction invoked
Original jurisdiction under the Employment Act, 2007 (unfair termination 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, "Simon G. Muriuki v Barclays Bank Of Kenya Limited [2015] KEELRC 180 (KLR)", Case Analysis (2015). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/180/eng@2015-11-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.