Kenya Union of Employees of Polytechnics, Colleges and Allied Institutions (Kuepcai) v Board of Management Ilmotiook Secondary School [2016] KEELRC 780 (KLR)
The bottom line
#Kenya's Employment Court upheld a school storekeeper's dismissal because evidence of misconduct and a fair hearing defeated the union's unfair termination claim.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination of the grievant's employment was wrongful, unfair and unlawful
The court found the termination lawful, holding that the respondent's evidence of gross misconduct outweighed the claimant's case
The court considered the claimant's assertion of unfair compulsory leave and termination against the respondent's defence that the grievant engaged in stealing by agent, made secret profits and was given a hearing before the Board of Management. The court found the respondent's evidence overwhelming and concluded the termination was lawful, noting the grievant's unreliability and loss of materials in his charge.
Whether the claimant is entitled to the relief sought
No relief was granted; the claimant, having failed to prove unfair termination, was not entitled to any of the claimed sums
All heads of claim - unpaid salaries, underpayments, house and medical allowances, leave, notice, gratuity and 12 months' compensation under section 49(1)(c) of the Employment Act - were premised on unfair termination. That premise having failed, the entire claim collapsed and the claimant was granted nothing.
Who bears the costs of the cause
Each party to bear their own costs
Although the claim was dismissed, the court did not award costs to the successful respondent, instead directing that each party bears their own costs of the claim.
Legal principles established
#- Where the employer's evidence establishes gross misconduct and the employee was accorded a hearing, the termination is lawful and no relief follows
Court orders
#- 1.The claim is dismissed
- 2.Each party bears their own costs of the claim
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under Article 162(2) of the Constitution (employment and labour relations dispute referred by Statement of Claim dated 28th July, 2015)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Employees of Polytechnics, Colleges and Allied Institutions (Kuepcai) v Board of Management Ilmotiook Secondary School [2016] KEELRC 780 (KLR)", Case Analysis (2016). Cause No. 219 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/780/eng@2016-07-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.