Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedNot stated in judgment· [2022] KEELRC 4115 (KLR)

Mayabilo v Goodlife Pharmacy Limited (Cause 580 of 2017) [2022] KEELRC 4115 (KLR)

Employment and Labour Relations Court
30 June 2022
1,732 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

#

A Kenyan court ruled that an employee who refused to accept warning letters committed gross misconduct, so his dismissal was lawful, but his earned wages still had to be paid.

What this practically means

#

Executive summary

#
The claimant, employed by the respondent in December 2014 as a pharmacist technologist at Ksh 30,000 per month and later based at the Hurlingham branch, claimed unfair termination of employment and terminal dues. He alleged he was sent on compulsory leave in October 2016, locked out without pay for five months, issued with warning letters on undisclosed allegations, and eventually terminated without due process. He sought notice pay, leave pay, severance pay, arrears of salary increments, salary for November 2016 to March 2017, compensation, general damages and costs. The respondent contended the salary was inclusive of house allowance, that the claimant declined transfers and promotions carrying increments, that warnings issued for poor performance and misconduct were refused signature, and that dismissal followed lawfully. The court, M. Mbarũ J, held that the claimant's refusal to accept warning letters amounted to gross misconduct under section 44(4)(e) of the Employment Act, 2007, that the show cause notice was justified under section 41(2), and that summary dismissal was justified, so notice pay, compensation and damages were unavailable. Severance pay was refused as this was not a redundancy. Claims for salary increments failed because the claimant had declined the promotions and transfers. However, the court found wages due for the period of employment up to the summary dismissal on December 7, 2016, and ordered those wages tabulated and paid within 30 days, failing which interest would accrue. All other claims were dismissed, with each party bearing their own costs.

Key legal issues

#
01

Whether refusal to accept warning letters amounted to gross misconduct justifying summary dismissal

Holding

Yes; the claimant's refusal to accept lawful instructions was gross misconduct and the summary dismissal was justified

Reasoning

The court found the claimant admitted receiving and refusing to sign warning letters. Citing section 44(4)(e) of the Employment Act and the KPAWU and Anthony Korir authorities, it held refusal of lawful instructions is gross misconduct. The show cause notice was justified under section 41(2), the claimant failed to show good cause, and termination was warranted.

p. 3
02

Whether the claimant was entitled to unpaid salary increments

Holding

No; the increments were tied to promotions and transfers which the claimant declined and which were rescinded

Reasoning

The employer's records under section 10(6) and (7) showed the claimant declined transfers to Lunga Lunga and T-Mall branches for personal reasons, and the wage increases reverted. He could not claim wages over positions he himself declined.

p. 4
03

Whether the claimant was entitled to wages for November 2016 to March 2017

Holding

Partially; wages for the period of employment until summary dismissal on December 7, 2016 are payable, tabulated at the due wage

Reasoning

The court held employment terminated by summary dismissal on December 7, 2016, so wages were due up to that date, but the claimant applied the wage at an upper limit beyond his entitlement after declining a transfer. Wages for absence without service are not payable under section 19(1)(c).

p. 4

Legal principles established

#
  • An employee who fails, refuses or ignores lawful instructions of an employer commits gross misconduct under section 44(4)(e) of the Employment Act, 2007, justifying summary dismissal
  • The employer is the custodian of employment records under section 10(6) and (7) of the Employment Act, 2007
  • Under section 19(1)(c) of the Employment Act, 2007 an employer is not bound to pay wages for days the employee is absent without good cause

Court orders

#
  1. 1.Payment of due wages for the period November 2016 to March 2017, tabulated and paid within 30 days, failing which the same shall accrue interest
  2. 2.All other claims dismissed
  3. 3.Each party to bear own costs

Authorities

#

Legislation

  • Employment Act, 2007section 44(4)(e)
  • Employment Act, 2007section 41(2)
  • Employment Act, 2007section 10(6) and (7)
  • Employment Act, 2007section 19(1)(c)

Cases cited (2)

  • Kenya Plantation & Agricultural Workers Union (KPAWU) v Eastern Produce (K) Limited
    [2022] eKLR
  • Anthony Korir v Imarisha Sacco Society Limited
    [2020] eKLR
Jurisdiction invoked
First-instance employment claim under the Employment Act, 2007

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mayabilo v Goodlife Pharmacy Limited (Cause 580 of 2017) [2022] KEELRC 4115 (KLR)", Case Analysis (2022). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/4115/eng@2022-06-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.