Abdallah Ahmed Shariff v National Social Security Fund [2020] KEELRC 1356 (KLR)
The bottom line
#A Kenyan employer's dismissal over a forged KCSE certificate was upheld, but it still had to pay the employee one month's salary in lieu of notice.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination was procedurally fair
The termination was procedurally fair under sections 41 and 45 of the Employment Act, 2007.
The respondent issued a show-cause letter dated 26.08.2014 setting out the allegations, invited the claimant to respond, and convened a disciplinary hearing on 29.09.2014 where the claimant was heard and brought a witness. The termination letter served as notice, and an appeal filed on 01.04.2015 was heard and upheld. The court found the procedure of notice and hearing was followed at all stages.
Whether the reason for termination was valid
The reason - discrepancies in the claimant's KCSE certificate verified by KNEC - was valid under section 43 of the Employment Act, 2007.
The claimant presented a KCSE certificate showing mean grade C- certified as a true copy of the original on 29.06.2006. KNEC's verification by letter dated 19.08.2014 revealed the index number and all subject grades had been altered, and the mean grade changed from D to C-. The court found the material before the respondent at the time of termination was sufficient to establish a valid reason.
Entitlement to one month's pay in lieu of notice
The claimant was entitled to one month's pay in lieu of notice of Kshs.170,300.00, which was not paid.
Although the termination letter promised payment of one month's salary in lieu of notice upon clearing, the claimant testified he was never paid. The respondent did not deny the failure to pay despite demand, and the court awarded the sum with interest from the date of filing suit if not paid by the stated deadline.
Legal principles established
#- An employer terminating employment must accord the employee notice and a hearing, and must have a valid reason for the termination (sections 41, 43 and 45 of the Employment Act, 2007).
- Where the validity of an academic certificate presented at employment is disputed, the employee carries the burden of showing that the certificate presented was authentic.
Court orders
#- 1.The respondent to pay the claimant Kshs.170,300.08 by 01.05.2020 failing interest at court rates from the date of filing the suit till full payment
- 2.The respondent to pay 50% of the claimant's costs of the suit
- Jurisdiction invoked
- Employment and labour relations jurisdiction (Employment Act, 2007; memorandum of claim filed under the Court's jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abdallah Ahmed Shariff v National Social Security Fund [2020] KEELRC 1356 (KLR)", Case Analysis (2020). Cause No 799 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1356/eng@2020-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.