Caroline Wangechi Wanjohi v Avenue Healthcare [2015] KEELRC 687 (KLR)
The bottom line
#A Kenyan court ruled an employee's dismissal unfair because she wasn't given a hearing, even though the theft allegations may have been genuine.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness in summary dismissal for gross misconduct
The dismissal was unfair because the Claimant was not accorded the hearing contemplated by Section 41 of the Employment Act
Although the Respondent may have had a reason for termination arising from the alleged theft and failure to produce receipts, the court held that Section 41 required some degree of procedural fairness. The Claimant was entitled to be advised that the Respondent was contemplating dismissal and to be accorded a hearing before the decision to terminate was made. This was not done.
Respondent's counterclaim for medical expenses
Judgment entered for the Respondent on the counterclaim for Kshs. 35,367/-, which the Claimant had no defence to
The Claimant admitted in cross-examination that she could recall owing a medical bill, and the Respondent's final dues calculation was referred to showing sums owed. The court found the Claimant was indebted to the Respondent for the medical cover and mounted no defence to the counterclaim.
Legal principles established
#- Even where there is a valid reason for termination, Section 41 of the Employment Act requires procedural fairness, including being advised that dismissal is contemplated and accorded a hearing
Court orders
#- 1.A declaration/finding that the Claimant's dismissal was unfair
- 2.Award of three months' compensation amounting to Kshs. 112,080/-
- 3.No award for the other claims made (notice pay, leave pay, service pay, general damages)
- 4.Judgment entered for the Respondent on the counterclaim for Kshs. 35,367/- for medical cover
- 5.Net off-set of the counterclaimed sum against compensation, leaving the Claimant to receive Kshs. 76,713/-
- 6.Each party to bear their own costs
- Jurisdiction invoked
- Original employment and labour relations jurisdiction; suit filed in the Industrial Court on 28th September 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Caroline Wangechi Wanjohi v Avenue Healthcare [2015] KEELRC 687 (KLR)", Case Analysis (2015). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/687/eng@2015-06-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.