Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) v B.O.M Getarwet Secondary School [2018] KEELRC 1971 (KLR)
The bottom line
#A Kenyan court upheld a cook's dismissal for exam-related phone misuse because the school proved staff knew the rules and got a fair hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination of the grievant Geoffrey Tonui was wrongful, unfair and unlawful
The termination was lawful, fair and justified; the claim failed
The respondent demonstrated through minutes of 6th January 2014 that the grievant and other non-teaching staff were taken through the school code of conduct, including the prohibition on electronic devices. Rule 19 of the code forbade mobile phones. The grievant was suspended after a disciplinary meeting on 10th April 2014 and the Full Board minutes of 1st December 2014 resolved summary dismissal. Documentary evidence showed the misconduct occasioned disruption through exam cheating. The court therefore found a lawful termination.
Whether the claimant is entitled to the relief sought
Not entitled; the claim was dismissed
Having found the termination lawful, the court held the claimant could not obtain reinstatement or terminal dues. The relief was refused solely because the claimant lost its case of unlawful termination of employment.
Applicability of the Collective Bargaining Agreement between the claimant and the Ministry of Education, Science and Technology
The court took note that the CBA with the Ministry applies in the circumstances of this case
The respondent denied the existence of a CBA; the claimant responded that the CBA between the union and the Ministry of Education, Science and Technology applied. The court accepted that the CBA applied to the dispute, though this did not save the claim on the facts.
Legal principles established
#- An employer who has taken staff through the school code of conduct and holds a properly constituted disciplinary process culminating in a board decision of summary dismissal, supported by documentary evidence, establishes a lawful termination under sections 41, 43 and 45 of the Employment Act.
Court orders
#- 1.Dismissal of the claim
- 2.Each party to bear their own costs of the claim
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over unfair termination of employment under sections 41, 43 and 45 of the Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) v B.O.M Getarwet Secondary School [2018] KEELRC 1971 (KLR)", Case Analysis (2018). Cause No. 15 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1971/eng@2018-05-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.