Bridge International Academies Limited v Wasgongo (Appeal E045 of 2023) [2023] KEELRC 3462 (KLR)

Section 41(2) requires the employer not only to issue notice with allegations and allow a written response, but also to hear and consider representations in the presence of another employee of the employee's choice. The human resource officer could not name the representative and no minutes of the disciplinary hearing were filed; as employer, the burden of work records under Section 10(6) and (7) rested on the appellant.

Section 45(5) obliges the court to consider the reasons leading to termination and the employee's culpability. The respondent did not deny the matters in the notice to show cause, including suspending a pupil without escalation, though the dismissal itself failed on procedure. Want of due process alone justified only 3 months' gross wage.

Section 28(2) permits accumulation of annual leave for only 18 months unless the employee applied to take leave and the employer for good cause kept him at work. On basic wage of Kshs 14,359, 33 untaken leave days were computed for the 18-month statutory cap.

The academy manager position was not regulated under the Minimum Wage Orders and his wage exceeded the minimum general wage. Payment statements showed the gross wage desegregated into basic pay and a house allowance, removing him from the category of employees entitled to a statutory house allowance.