Catherine Muthoni Wairimu v Walter Reif [National Chairman of The Pubs, Entertainment and Restaurants Association of Kenya], Nasser Lalji [National Treasurer] & Njeri Kamau [Coast Region Chairperson] (Cause 458 of 2014) [2015] KEELRC 544 (KLR)

The Respondents claimed membership dwindled and the Claimant failed to recruit, but produced no register of members or membership curve to substantiate the numbers. The target of recruiting four members a month while she alone manned the Mombasa office and performed other duties was unrealistic and not reasonable, verifiable or achievable, so the first two grounds failed.

Applying Section 44(4)(d)(e) of the Employment Act, insubordination requires constant and intentional refusal to obey a reasonable order given with proper authority. The Claimant answered whenever she could; the occasional failure of a single employee manning the office and outfield to pick a superior's call did not fit that description.

Warnings, a show-cause letter and attendance at the AGM did not amount to a hearing under Sections 41 and 45. A proper disciplinary hearing requires a specific panel, a charge sheet, charges read in a language understood by the employee, an opportunity to respond and defend, the right to be accompanied by a workmate or union representative, and consideration of representations. None of these procedural guarantees were afforded.

The Claimant was a perfect employee before maternity leave, and the Respondents did not firmly discount the suggestion that the new Executive Officer was a relative of an officer. This reinforced the Court's view that the termination was not justified on the grounds given.

Section 29 of the Employment Act entitles a woman to 3 months' maternity leave with full pay, not 2. Recalculating, the proportionate claim for 6 months yielded 10.5 days at a daily rate of Kshs. 713.57, resulting in Kshs. 7,492.