Kenya National Private Security Workers Union v Wells Fargo Ltd [2022] KEELRC 193 (KLR)
The bottom line
#A Kenyan court upheld a security guard's summary dismissal because he ignored written cash-handling procedures, though he received earned wages and leave pay.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness
Procedural fairness was complied with; the Grievant was informed of allegations, heard, and allowed an appeal
The Grievant was asked to record a statement, was invited to a disciplinary hearing with notice of the right to attend with a colleague, attended with a witness, was notified of summary dismissal with a right of appeal, and the appeal hearing was attended by union representatives. Sections 35(1)(c) and 41 of the Employment Act were satisfied.
Substantive fairness
The Respondent established valid and fair reasons for dismissal
The reason for dismissal was the unprocedural handing over of Kshs 807,500 client money to an escort contrary to the Banking Support Procedures. The Grievant admitted leaving the escort at the bank contrary to written procedure, relying on alleged verbal instructions. The court found it reckless to ignore written procedures and suspicious that the escort disappeared without banking the money.
Summary dismissal vs termination by agreement
The alleged agreement for termination in lieu of summary dismissal was not proved
The Union alleged an agreement that the Grievant's employment be terminated in lieu of summary dismissal, which would have opened up compensation and notice pay, but adduced no proof of the agreement; therefore those remedies were unavailable.
Terminal dues
Earned wages of Kshs 7,434/- and accrued leave of Kshs 8,816/- awarded; gratuity refused
The Union did not challenge the Respondent's wage computation and conceded the 15 days accrued leave in submissions. Gratuity is barred by Regulation 17(2) of the Regulation of Wages (Protective Security Services) Order following summary dismissal.
Legal principles established
#- An employer must follow written procedures for handling client monies and cannot rely on alleged verbal instructions to depart from them
- Sections 43 and 45 of the Employment Act place the burden on the employer to prove reasons for dismissal as valid and fair
Court orders
#- 1.Declaration that the summary dismissal of the Grievant was fair
- 2.Award of Kshs 7,434/- being earned wages up to the date of dismissal
- 3.Award of Kshs 8,816/- being 15 days accrued leave
- 4.Decline of gratuity claim by virtue of Regulation 17(2) of the Regulation of Wages (Protective Security Services) Order
- 5.Certificate of Service noted as already issued; nothing turns on this relief
- 6.Each party to bear its own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act and the Employment Act, 2007 (trade dispute reported to Cabinet Secretary, Labour, and Certificate of Unresolved Dispute issued 14 March 2017)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Private Security Workers Union v Wells Fargo Ltd [2022] KEELRC 193 (KLR)", Case Analysis (2022). Cause (not stated in judgment; filed 7 March 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/193/eng@2022-04-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.