Kenya Union of Domestic Workers, Hotels, Educational Institutions And Hospital Workers Union(KUDHEIHA) v BOM Lirhanda Girls High School (Employment and Labour Relations Cause 16 of 2023) [2023] KEELRC 2519 (KLR)

Minutes of the disciplinary committee of 22nd July 2022 recorded six witnesses who confirmed Miriam incited students and parents to strike; she cross-examined the witnesses and did not refute the allegations at trial. Applying the reasonable employer test from British Leyland v Swift, the court held the reasons for dismissal were valid and lawful.

Henry absented himself from the work station from 2nd March 2021 without authority. The medical letter recommending retirement on medical grounds was not conclusive, as the decision to retire was the employer's, not his. He failed to respond to the show cause letter and failed to produce medical notes; the onus of proving his medical condition was on him.

Both grievants were notified, invited to disciplinary hearings, attended them, were accompanied by union representatives, and were given the opportunity to question witnesses. The delay in proceedings was explained by court orders and DCI/ODPP escalation, and the PSC policy requirement of finalising disciplinary cases within six months was considered.

Both grievants admitted NSSF deductions were made. The appointment letters made no provision for gratuity and did not refer to any CBA. The court took judicial notice that the Kudheiha/Ministry of Education CBA existed but had since expired, relying on Court of Appeal and Industrial Court authority, so rights were governed by the employment contracts and the Employment Act.