Kenya Union Of Domestic, Hotels, Educational Institutions, Hospitals And Allied Workers Union v Gertrudes Children Hospital (Cause 1184 of 2016) [2022] KEELRC 4112 (KLR)
The bottom line
#A Kenyan court confirmed that employees who misuse company fuel cards can be dismissed without notice or compensation if the employer follows fair procedures.
What this practically means
#Executive summary
#Key legal issues
#Whether summary dismissal for fuel card misuse was justified
Yes; the grievants' breach of fuelling procedure and failure to keep logs amounted to gross misconduct under section 44(4)(g) read with section 41(2)
The court found the respondent conducted an audit revealing exorbitant fuel usage, issued show cause notices and held disciplinary hearings. The grievants denied the allegations but failed to give satisfactory responses against signed job descriptions requiring efficient use of property and proper vehicle maintenance. Their conduct contrary to laid down fuelling policy led to financial liability, justifying summary dismissal under section 44(4)(g) read with section 41(2).
Scope of gross misconduct under section 44(4)
The list in section 44(4) is not exhaustive; internal policy breaches may constitute gross misconduct
The court relied on section 44(4) of the Employment Act and authority that the enumeration of gross misconduct is non-exhaustive. Where internal policy defines conduct as gross misconduct, pursuant to section 12 read with section 44, dismissal may be justified even for conduct outside the statutory list.
Claim for leave days and public holidays
Dismissed for want of particulars
The court noted the claimants did not specify the periods when annual leave was earned or the particular public holidays worked, given all public holidays are gazetted. Without such particulars the claim could not be substantiated and failed.
Legal principles established
#- An employer may summarily dismiss an employee for gross misconduct on grounds beyond the listed matters in section 44(4), based on internal policy and practices
- The employer bears the burden to prove reasons for termination and that the grounds are justified, and must follow the notification and hearing process under section 41
Court orders
#- 1.The claims made are found without foundation and dismissed in their entirety
- 2.Costs to the respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union Of Domestic, Hotels, Educational Institutions, Hospitals And Allied Workers Union v Gertrudes Children Hospital (Cause 1184 of 2016) [2022] KEELRC 4112 (KLR)", Case Analysis (2022). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/4112/eng@2022-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.