Jack Waswa Wanyama v Punchlines Limited [2016] KEELRC 459 (KLR)
The bottom line
#Kenya's Employment Court upheld a dismissal where the employer proved valid reasons and followed fair disciplinary procedure.
What this practically means
#Executive summary
#Key legal issues
#Validity of the reasons for termination
Valid reasons existed - the claimant's failure to service the CBA Bank order in time led to its cancellation and loss
The court held the burden of proving reasons for termination lies on the employer. The respondent demonstrated, through documents and oral evidence, that the CBA Bank order was cancelled due to delay, and the claimant did not deny responsibility for servicing the order. Cancellation occasioned loss since tailor-made material had been prepared. The claimant's assertion that the delay was beyond his control was not accepted.
Fairness of the procedure followed
The termination was carried out through a fair procedure; the claimant was summoned to a disciplinary hearing, admitted liability, and was informed of his right to appeal
The respondent averred that the claimant was formally summoned on 26th September 2014 to a disciplinary hearing on 29th September 2014 and could be accompanied by a staff member of his choice. At the hearing he admitted liability for the delay and cancellation of the orders, and the committee recommended dismissal while informing him of his right to appeal. The court accepted this account.
Duty of care and skill owed by an employee
Breach of the employee's duty of care and skill is a valid and justifiable reason for dismissal
The court articulated the principle that in an employment relationship the employee owes the employer a duty of care and skill, and that breach of this duty justifies dismissal. It applied this to the claimant's failure to timely complete the CBA brochures order and the Ethiopian client order, which resulted in cancellations, loss of cash, business and reputation.
Legal principles established
#- On a suit for termination of employment, the burden of proving the reasons for termination lies on the employer
- An employee owes the employer a duty of care and skill, and breach of that duty is a valid and justifiable reason for dismissal
Court orders
#- 1.The claim is dismissed with costs
- 2.It is so ordered
- Jurisdiction invoked
- Employment and Labour Relations Court, first-instance claim for unfair termination (Court established under Article 162(2) of the Constitution)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jack Waswa Wanyama v Punchlines Limited [2016] KEELRC 459 (KLR)", Case Analysis (2016). Cause No 97 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/459/eng@2016-10-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.