Maria Mbala Skock v Coast Academy Limited [2021] KEELRC 306 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Validity of reason for termination
The respondent established a genuine reason for termination under sections 41 and 45 of the Employment Act
The claimant was dismissed on account that the toilets she cleaned were smelly. She was summoned, asked to explain and apologise and continue working, but refused. The court found the refusal to apologise showed unwillingness to improve, so the respondent established a genuine reason and the procedure was not unfair.
Compensation for unfair termination
Claimant not entitled to compensation; she contributed 100% to her dismissal
Having found the termination not unfair, and that the claimant's own refusal to apologise caused the separation, the court held she was the author of her dismissal and contributed 100%, disentitling her to the 12 months' compensation sought.
Retrospective application of wage orders
The wage orders relied upon could not apply retrospectively and the Agricultural Industry Order did not apply to a school cleaner
The claimant relied on the Regulation of Wages (Agricultural Industry) (Amendment) Order 2015 operational from 01.05.2015 for underpayment in 2013-2014. The court held the order could not apply retrospectively and, the claimant having worked in a school, the Agricultural Industry Order could not apply.
Legal principles established
#- An employee given an opportunity to apologise and continue working who refuses is the author of their own dismissal and may be dismissed with shorter notice under section 44 of the Employment Act
- Wage orders cannot apply retrospectively to periods before they became operational
Court orders
#- 1.Memorandum of claim dismissed
- 2.Each party to bear own costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (Articles 41 and 47(1) of the Constitution invoked by the claimant)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maria Mbala Skock v Coast Academy Limited [2021] KEELRC 306 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/306/eng@2021-12-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.