Peter Kegode v United Millers Ltd [2019] KEELRC 1991 (KLR)

The claimant's Certificate of Service dated 4th September 2015 was annexed to the Memorandum of Claim and was not challenged, while no alternative letters of appointment were produced by the employer. The record was supported by the averments that the claimant worked for Palmac Limited until 2007 when the respondent acquired its assets and liabilities including the claimant as an employee.

Section 44(4)(e) permits summary dismissal where an employee knowingly refuses a lawful and proper command. The employer must give a hearing under section 41(2), but a shop-floor hearing is not a criminal trial. The claimant was notified of the gross misconduct, heard before the workers committee and staff, and found to have disobeyed lawful instructions, satisfying the legal duty.

Under section 29(8) of the Employment Act a male employee is entitled to two weeks paternity leave with full pay, but the right matures only upon application, written notice to the employer within a reasonable time and supporting evidence such as a birth certificate. The claimant never applied, never notified the employer and produced no certificate of birth for any child.