Alloys Anyega Manyange v Mfi Technology Solutions Limited [2019] KEELRC 2381 (KLR)
The bottom line
#A Kenyan court upheld an employee's dismissal for offensive remarks to a colleague, ruling he forfeited his right to a hearing by walking out of the disciplinary meeting.
What this practically means
#Executive summary
#Key legal issues
#Whether the employer had a valid reason for summary dismissal
Uttering the words 'I can afford a hundred ladies like you' to a colleague constituted gross misconduct justifying dismissal
The Claimant admitted uttering the words to Nelly Njeri, who was offended and lodged a written complaint. Applying the range of reasonable responses test, the Court held the words would offend a reasonable lady and that there was no justification for such language at the workplace, so a reasonable employer could dismiss on those facts.
Whether the Claimant was afforded a fair hearing before dismissal
The Claimant denied himself a hearing by walking out of the disciplinary meeting to seek legal representation
The Claimant walked out of the meeting convened by the employer because he wanted legal representation and went to the police. Relying on Feroz Ali Omar and Jackson Butiya, the Court held that internal disciplinary proceedings are between employer and employee, that an employee need not be accompanied by an advocate, and that an employee who squanders internal grievance mechanisms cannot claim he was not heard.
Entitlement to leave pay and salary for days worked
Claimant awarded 13 days' leave pay for 2014, prorata leave for 2015 and salary for 8 days worked in July 2015
In the absence of leave records from the employer to counter the claim, the Court allowed the claimed 13 days' leave balance for 2014 and prorata leave for 2015, and held the Claimant entitled to salary for 8 days worked in July 2015.
Legal principles established
#- The employer bears the burden of establishing a valid reason for termination that would cause a reasonable employer to dismiss, judged by the range of reasonable responses test
- An employee who walks out of an employer's internal disciplinary process cannot later claim he was not afforded a hearing
Court orders
#- 1.Dismissal of the Claimant held lawful and fair; claim for compensation and one month's salary in lieu of notice dismissed
- 2.Judgment entered for the Claimant for Kshs. 91,500 comprising 13 days' leave pay for 2014 (Kshs. 37,762), prorata leave pay for 2015 (Kshs. 30,500) and salary for 8 days worked in July 2015 (Kshs. 23,238)
- 3.Claim for gratuity dismissed
- 4.Each party to bear their own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (employment claim for unlawful summary dismissal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alloys Anyega Manyange v Mfi Technology Solutions Limited [2019] KEELRC 2381 (KLR)", Case Analysis (2019). Cause dated 29th July 2015 (Memorandum of Claim filed 29th July 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2381/eng@2019-02-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.