Alexander Irungu Wanjiru v Registered Trustees of Sisters of Mercy (Kenya) t/a Mater Misericordiae Hospital [2020] KEELRC 979 (KLR)
The bottom line
#A Kenyan court ruled the Mater Hospital unfairly dismissed its operations director because the employer itself admitted it had no proof of the accusations, awarding him Kshs. 6.57 million.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination was procedurally fair
Procedural fairness was complied with; show-cause letter, invitation to and attendance at disciplinary hearing satisfied section 43 notice and hearing requirements
The claimant received a detailed show-cause letter dated 02.02.2016, was invited to a disciplinary hearing and attended it. The court order in Cause No. 141 of 2016 did not relate to the disciplinary proceedings and did not impair them. The claimant never named his proposed witnesses before or during the hearing, so the disciplinary process met the basic tenets of fairness.
Whether there were valid reasons for termination
Termination was unfair for want of valid reasons at the time of termination
RW1 (Dr. Agnes Chege) testified that as at termination there was no proof the claimant altered the procurement policy, that experts had participated in the tender award, that she had no evidence of inflated cafeteria supply directives, and that promotions were outside the claimant's role. The court treated this evidence as conclusive that there was no valid reason to terminate, rendering the dismissal unfair in substance.
Whether reinstatement was available
Reinstatement refused as impracticable and statutorily barred
Over three years had lapsed since dismissal, the relationship was irreparably strained, and section 12 of the Employment and Labour Relations Court Act, 2011 bars reinstatement after the statutory period. Monetary remedies were awarded instead.
Legal principles established
#- An employer must show valid reasons for termination as at the time of termination under section 43 of the Employment Act, 2007
- Due process requires notice and hearing; where an employee receives a show-cause letter, is invited to and attends a disciplinary hearing, the process meets the basic tenets of fairness
Court orders
#- 1.Declaration that the termination of the claimant's employment by the respondent was unfair
- 2.Respondent to pay the claimant Kshs. 6,574,125.00 (less lawful PAYE) by 01.10.2020, failing interest at court rates from the date of judgment till full payment
- 3.Respondent to deliver a certificate of service within 30 days
- 4.Stay of execution until 01.10.2020 in view of the Covid-19 situation
- 5.Respondent to pay the claimant's costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court Act, 2011, section 12; Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alexander Irungu Wanjiru v Registered Trustees of Sisters of Mercy (Kenya) t/a Mater Misericordiae Hospital [2020] KEELRC 979 (KLR)", Case Analysis (2020). Cause No 211 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/979/eng@2020-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.