Kenya Tertiary & Schools Workers Union v Ananda Marga Academy [2019] KEELRC 1062 (KLR)
The bottom line
#A Kenyan court upheld a teacher's summary dismissal because a suspicious sick note and sabotage of school letters proved gross misconduct under the Employment Act.
What this practically means
#Executive summary
#Key legal issues
#Whether the summary dismissal of the grievant was wrongful
The dismissal was justified; the grievant's absence was unexplained (the sick off sheet was forged, dated before the alleged illness, and stamped by a different entity), and his sabotage of school activities amounted to gross misconduct under section 44 of the Employment Act
The grievant's letter admitting absence gave sickness as the reason, but the sick off sheet was dated 8th June 2015, a day before the alleged illness, and was issued by an entity different from the one that stamped it, making it foundationally unacceptable. No medical certificate from a recognised facility accompanied it. The sabotage of fee reminder letters stood uncontroverted as the grievant offered only mere denials. Together these amounted to fundamental breach justifying summary dismissal under section 44(4)(a).
Whether the claim for salary underpayment based on TSC schedules could succeed
The claim fails; private sector schools have no wage guidelines and the grievant was paid per his contract which provided a consolidated wage
The court distinguished TSC wage schedules from private sector employment, holding that in private schools there are no applicable wage guidelines and the parties are bound by the contractual consolidated wage clause.
Whether the service pay claim for 1997 to 2001 was available
The claim is time-barred under section 90 of the Employment Act and fails; the respondent had also paid statutory dues
Section 90 requires employment claims to be brought within three years. Claims relating to 1997 to 2001 were way past that period. Additionally, the evidence showed the respondent had paid statutory dues at the time of dismissal.
Legal principles established
#- An employee absent due to sickness must present a medical certificate from a recognised medical facility; a sick off sheet not so accompanied is unacceptable
- Absenteeism without justifiable explanation after notice to explain justifies summary dismissal under section 44(4)(a) of the Employment Act
Court orders
#- 1.The claimant's case is found without merit and is dismissed with costs to the respondent
- 2.Costs assessed by the court at Ksh.50,000.00 to be paid within 60 days
- 3.The claimant as representative of the grievant is enjoined to counsel the grievant to stop any threats against the respondent to avoid further harm to the respondent and its operations
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act over a trade union dispute on wrongful dismissal of a grievant
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kennedy Mutuku Mwove v M-Kopa Kenya Limited [2021] KEELRC 207 (KLR)[2021] KEELRC 207 (KLR)14 Dec 2021
Cite this brief
#Cite this brief
Caselaw, "Kenya Tertiary & Schools Workers Union v Ananda Marga Academy [2019] KEELRC 1062 (KLR)", Case Analysis (2019). Cause No. 284 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1062/eng@2019-07-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.