Sewe v Housing Finance Corporation Limited (Cause 1011 of 2015) [2022] KEELRC 1195 (KLR)
The bottom line
#A Kenyan court upheld a bank manager's dismissal because he was given fair notice and a chance to respond but chose not to attend his disciplinary hearing.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness under section 41 of the Employment Act
The respondent complied with section 41; the claimant was informed of the complaints, allowed extra time to respond, and his failure to reply or attend the hearing did not vitiate the process.
The court found the claimant was accused by customer Pamela Odwessa of using her bank statements to secure a loan without authority, with corroboration from Jackline Ouma. The complaint was stamped as received on May 8, 2015. The claimant was given the show cause letter of May 26, 2015, sought and was allowed extra time to respond, yet neither replied nor attended the disciplinary hearing scheduled for May 27, 2015, which proceeded in his absence. He was therefore neither ambushed nor surprised.
Validity of the reason for dismissal
The claimant was dismissed for cause arising from a customer complaint of misuse of her bank statements, so the dismissal was substantively fair.
The court recorded the customer's complaint that the claimant proposed she obtain a loan and share proceeds with him, and that he used her bank statements to secure a loan facility elsewhere without authority. The complaint was corroborated by another witness present at the disciplinary hearing. On this basis the court held the claimant was dismissed for cause and cannot recover from the respondent.
Legal principles established
#- Where an employee is given adequate notice of complaints and ample time to respond, the requirements of substantive and procedural fairness under section 41 of the Employment Act are satisfied, and a disciplinary hearing may properly proceed in the employee's absence if he fails to attend.
Court orders
#- 1.The claimant's suit is dismissed
- 2.Costs of the suit awarded to the respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (first-instance employment claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sewe v Housing Finance Corporation Limited (Cause 1011 of 2015) [2022] KEELRC 1195 (KLR)", Case Analysis (2022). Not stated in the judgment (Memorandum of Claim dated June 9, 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1195/eng@2022-06-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.