Wandere v Board of Management Ngara Girls High School & another (Cause 1800 of 2016) [2023] KEELRC 1823 (KLR)
The bottom line
#A Kenyan court awarded a school matron Kshs 431,758 after her employer fired her following a disciplinary hearing she was never notified of.
What this practically means
#Executive summary
#Key legal issues
#Validity of termination by summary dismissal following a hearing held in the employee's absence
The termination was unlawful and unprocedural because there was no evidence the claimant received notice of the disciplinary hearing of 13th February 2020; the employer thus failed the substantive and procedural requirements of sections 45(1) and 41(1) of the Employment Act and Article 41 of the Constitution.
The court found it was not evident the claimant received the letter inviting her to the disciplinary hearing or the messages the secretary allegedly sent. The board proceeded in her absence and found her guilty of insubordination for non-attendance. Given the toxic employment relationship, the court inferred the respondent wanted the claimant out 'whichever way'. Fair labour practice under Article 41 was therefore breached.
Liability of the 2nd respondent
The 2nd respondent, being an employee of the 1st respondent, was not the claimant's employer and bore no liability.
The claimant's employment relationship was with the 1st respondent, the Board of Management of Ngara Girls High School. The 2nd respondent, the Principal who signed the disciplinary letters, acted as an employee of the school and could not be held liable for termination of the claimant's employment.
Quantum of remedies for unfair termination
The claimant received payment in lieu of notice, withheld half basic salary for five months, and 12 months' compensation under section 49(1); other heads failed for want of proof.
The court applied section 49(1) of the Employment Act in awarding the equivalent of 12 months' gross salary, considering the length of service. Claims for gratuity, leave, overtime, unremitted statutory deductions, and damaged goods were rejected as unproved, several being special damages requiring strict proof.
Legal principles established
#- Termination of employment requires both substantive justification (valid reason) and procedural fairness
- A termination decided at a disciplinary hearing held without proof that the employee was notified of it lacks a valid reason and breaches fair labour practice
Court orders
#- 1.Judgment entered for the claimant against the 1st respondent, the 2nd respondent not being the employer
- 2.Payment in lieu of notice of Kshs 28,663/-
- 3.Payment of half basic salary for August to December 2019 of Kshs 59,139/-
- 4.Compensation for unfair termination of 12 months' salary under section 49(1) of the Employment Act at Kshs 343,956/-
- 5.Total award of Kshs 431,758/-
- 6.Costs of the suit to the claimant with interest at court rates from date of judgment until full payment
- Jurisdiction invoked
- Original employment and labour relations jurisdiction (Employment Act; Article 41 of the Constitution)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wandere v Board of Management Ngara Girls High School & another (Cause 1800 of 2016) [2023] KEELRC 1823 (KLR)", Case Analysis (2023). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1823/eng@2023-07-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.