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ELRCPartially AllowedNot stated in the judgment· [2015] KEELRC 203 (KLR)

Kenya Chemical Workers Union v General Plastics Limited [2015] KEELRC 203 (KLR)

Industrial Court of Kenya (Employment and Labour Relations Court)
20 November 2015
MNMathews Nderi Nduma
1,793 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court reduced a worker's summary dismissal to normal termination, awarding notice pay and gratuity, because he ignored the disciplinary process entirely.

What this practically means

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Executive summary

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The Kenya Chemical & Allied Workers Union sued on behalf of its member Moses Antony Ilukol (the Grievant), a machine attendant employed from July 1997 and summarily dismissed on 5th July 2011 after allegedly negligently generating excessive rejects on BM-42 machine and storming the Head of Department's office with fellow shop stewards instead of attending a scheduled disciplinary meeting. The Grievant refused to receive the show cause letter until 27th June 2011 and did not reply to it; he was dismissed while on annual leave. Following conciliation under the Ministry of Labour, the Union sought a declaration that the dismissal was wrongful and unfair, reinstatement without loss of benefits or, alternatively, conversion to normal termination with CBA terminal benefits. The court framed three issues: valid reason, fair procedure and remedy. It held the conduct amounted to gross insubordination, a lawful cause for summary dismissal, and that the Grievant had denied himself due process by refusing to attend the meeting and answer the show cause letter, rendering the termination procedurally fair. However, considering his long service, that he was a first offender, and his role as an elected shop steward, the court commuted the summary dismissal to normal termination. It awarded one month's salary in lieu of notice and gratuity at nineteen days' salary per completed year for four years under the CBA, with interest at court rates, but denied compensation. Each party was ordered to bear its own costs.

Key legal issues

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01

Validity of the reason for summary dismissal

Holding

The dismissal was for a valid reason - gross insubordination and unexplained negligence.

Reasoning

The Grievant defied instructions to appear at 10 a.m., caused a commotion at the Head of Department's office at 8 a.m. with colleagues, refused to receive the show cause letter until 27th June, and failed to respond. His failure to explain the alleged negligence left the Respondent entitled to find him liable for the excessive rejects. This constituted gross insubordination, a lawful ground for summary dismissal.

p. 3
02

Procedural fairness of the termination

Holding

Termination was procedurally fair; the Grievant himself denied himself due process.

Reasoning

The employee was given a show cause letter and a scheduled disciplinary meeting but declined to attend and refused to reply to the letter. The court held an employee who declines the process offered cannot later fault the procedure. The letter of 30th June 2011 to the Union also went unanswered.

p. 3
03

Appropriate remedy

Holding

Summary dismissal commuted to normal termination; terminal benefits per CBA awarded; no compensation.

Reasoning

Although valid cause existed, the Grievant served since 1997, was a first offender with no prior misconduct on record, and as an elected shop steward had contributed to good labour relations. The court therefore exercised discretion to commute the dismissal to normal termination, granting notice pay and gratuity per the CBA but no compensation for termination.

p. 3

Legal principles established

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  • Gross insubordination is a lawful cause to summarily dismiss an employee.
  • An employee's refusal to attend a disciplinary meeting or answer a show cause letter denies the employee due process and may render the termination procedurally fair.
  • Even where reasonable cause exists, the court may commute a summary dismissal to normal termination, e.g. where the employee is a first offender and a union leader of good standing.

Court orders

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  1. 1.Summary dismissal commuted to normal termination
  2. 2.Grievant awarded terminal benefits per the CBA: one month salary in lieu of notice (Clause 11) and gratuity at nineteen days salary for every completed year of service for 4 years (Clause 29)
  3. 3.Terminal benefits payable with interest at court rates from date of judgment till payment in full
  4. 4.Respondent to file the tabulation of terminal benefits within thirty (30) days of the judgment
  5. 5.Each party to meet its own costs of the suit
Jurisdiction invoked
Jurisdiction as the first-instance labour court over the unresolved dispute reported to the Ministry of Labour under the labour dispute machinery; no specific constitutional/statutory provision quoted in the judgment.

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, "Kenya Chemical Workers Union v General Plastics Limited [2015] KEELRC 203 (KLR)", Case Analysis (2015). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/203/eng@2015-11-20

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