Oliver Shadrack Mamati v Board of Governors, Friends Lugulu Mission Hospital [2021] KEELRC 790 (KLR)
The bottom line
#A Kenyan court ruled a doctor's dismissal unfair because the hospital never gave him proper notice or a real chance to be heard.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness in termination
The Respondent did not comply with sections 35(1) and 41 of the Employment Act
The invitation letters sent to the Claimant to appear before the Board did not indicate that termination of his contract was contemplated, except the last two which concerned contract issues. No notice of termination was issued as required by section 35(1), and the Claimant was not afforded an opportunity to make representations as contemplated by section 41 before the decision to terminate was made.
Substantive fairness of termination
The reasons for termination were not valid or fair
The Court found it more probable that the Claimant presented himself before the Board but was not called into the meetings, contrary to the Respondent's assertion. Further, had failure to appear before the Board been the true reason, the Respondent ought to have issued a show-cause notice before terminating. The Claimant's refusal to sign a new contract was a frustrating event, not a basis for unfair termination.
Quantum of compensation
Equivalent of one month's salary awarded
As the Claimant had served on distinct contracts and there was no formal contract in force at separation, the Court considered the equivalent of one month's gross salary (Kshs 262,750 as at June 2018) appropriate compensation under the circumstances.
Legal principles established
#- An employer must issue written notice of termination and afford the employee an opportunity to make representations before the decision to terminate is made
- Invitation letters that do not put an employee on notice of impending termination do not satisfy procedural fairness
Court orders
#- 1.Declaration that the termination of the Claimant's employment was unfair
- 2.Award of compensation of Kshs 262,750 being the equivalent of one month's gross salary
- 3.Claimant to collect his Certificate of Service from the Respondent if not already collected
- 4.Claimant awarded costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (matter relating to unfair termination of employment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Oliver Shadrack Mamati v Board of Governors, Friends Lugulu Mission Hospital [2021] KEELRC 790 (KLR)", Case Analysis (2021). Cause No 59 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/790/eng@2021-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.