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ELRCDismissedStatement of Claim dated 21st October 2016, filed 14th November 2016· [2019] KEELRC 652 (KLR)

Obadiah Kebabe Gisore v Rea Vipingo Plantations Ltd [2019] KEELRC 652 (KLR)

Employment and Labour Relations Court
15 October 2019
LNLinnet Ndolo
1,129 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed an unfair termination claim because the employee ignored his employer's show cause letter, showing silence during discipline can cost you everything.

What this practically means

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Executive summary

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The Claimant, employed by the Respondent as a Brush Room Operator from 6th May 2014 at a monthly salary of Kshs. 8,806.72, sued for unlawful termination of employment. He claimed he sustained a left eye injury at work on 6th July 2015 and a finger injury on 11th July 2015, and that after refusing to withdraw a work injury claim, he was victimised, denied work and ultimately dismissed. He sought notice pay, salary for 12 days worked in July 2015, five months' salary for the unexpired contract term, and twelve months' salary as compensation. The Respondent asserted the Claimant was on a one-year contract running to 31st December 2015, that the first injury was documented and reported to the Director of Occupational Safety and Health and its insurer, but the second was never reported. It said the Claimant absconded duty from 14th July 2015, was issued a show cause letter dated 19th July 2015 by registered mail, did not respond, and was dismissed on 20th August 2015. The court framed two issues: whether the dismissal was lawful and fair, and whether the remedies were due. Finding the Claimant admitted receiving the show cause letter but knowingly failed to respond, and rejecting his illiteracy explanation, the court held he locked himself out of the disciplinary process and could not complain of unfair termination. The claim for 12 days' salary also failed as payment was evidenced. The entire claim was dismissed with each party bearing their own costs.

Key legal issues

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01

Whether the dismissal for absconding duty was lawful and fair

Holding

Dismissal was lawful; the Claimant knowingly failed to respond to the show cause letter and could not claim unfair termination

Reasoning

The Claimant admitted receiving the 19th July 2015 letter requiring him to explain his whereabouts within two weeks. He offered no independent evidence that he responded or reported to the Production Manager. The court rejected the illiteracy explanation, holding he should have sought assistance from his Union Representative or the Respondent's officers. His silence entitled the employer to dismiss him.

p. 2
02

Whether the Claimant was entitled to the remedies sought

Holding

None of the remedies were awarded; the entire claim was dismissed

Reasoning

Compensation, notice pay and unexpired term salary failed because the dismissal was lawful. The claim for 12 days' salary failed because the evidence showed he had already been paid for those days. With the dismissal held lawful and the salary claim baseless, the entire suit failed.

p. 3

Legal principles established

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  • An employee who deliberately locks himself out of disciplinary proceedings cannot later complain of unfair termination

Court orders

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  1. 1.The Claimant's entire claim is dismissed
  2. 2.Each party to bear their own costs

Authorities

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Cases cited (2)

  • Mary Wagikuyu Komu v The Kenya Hospital Association T/A The Nairobi Hospital
    [2016] eKLR
  • David Njeka v Lavarge Dry Cleaners Limited
    [2013] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over unlawful termination of employment claims

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Obadiah Kebabe Gisore v Rea Vipingo Plantations Ltd [2019] KEELRC 652 (KLR)", Case Analysis (2019). Statement of Claim dated 21st October 2016, filed 14th November 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/652/eng@2019-10-15

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.