Caroline Njeri Ngugi & another v Board of Management Kenya Hospital Association t/a Nairobi Hospital [2021] KEELRC 1333 (KLR)
The bottom line
#Kenya's Employment Court refused to reinstate two dismissed Nairobi Hospital employees early, saying reinstatement is best decided only after a full hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether interim reinstatement should issue pending full hearing
The applications for interim reinstatement were dismissed; reinstatement is a remedy under Section 49(3) of the Employment Act available upon a finding of unfair termination after weighing the Section 49(4) factors, and the balance of convenience at the interlocutory stage favours withholding it
The court held that although reinstatement may in principle be granted at the interlocutory stage, it is almost axiomatic only where termination occurred without any element of natural justice. Here the employer allegedly took the claimants through a disciplinary process, so the merits should be fully ventilated first. The National Bank of Kenya case involved reinstatement after full trial, not at interlocutory stage, and thus did not assist the applicants.
Whether the balance of convenience favoured interim reinstatement
The balance of convenience tilted against granting the relief since it can be granted upon full hearing of the suit
The court noted that the merits were yet to be heard and the parties had not unveiled all the facts regarding the claim. The court earlier, on 14th April 2021, had found the balance of convenience favoured withholding the relief as it could be granted upon full hearing, and adhered to that position in the ruling. Damages were also pleaded as an adequate alternative remedy.
Legal principles established
#- Reinstatement can be granted either at interlocutory stage or at final judgment, but where the employer afforded the employee the benefits of natural justice before dismissal, the court should allow a fuller ventilation of the matter before ordering reinstatement
- Interim reinstatement is not appropriate where the balance of convenience favours withholding the relief and reinstatement under Section 49(3) of the Employment Act is contingent on a finding of unfair termination
Court orders
#- 1.The Notices of Motion dated 23rd March 2021 in Causes E248 of 2021 and E251 of 2021 seeking interim reinstatement are dismissed
- 2.Costs of the applications to be in the cause
- Jurisdiction invoked
- Section 12(3)(vii) of the Employment and Labour Relations Court Act, 2011 as amended by Misc. Amendment Act No. 18 of 2014, read with Section 49 of the Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Caroline Njeri Ngugi & another v Board of Management Kenya Hospital Association t/a Nairobi Hospital [2021] KEELRC 1333 (KLR)", Case Analysis (2021). ELRC Causes No. E248 of 2021 and E251 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1333/eng@2021-06-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.