The court determined that the Claimant received the show cause letter via email despite being on compulsory leave, but failed to respond or attend the disciplinary hearing. The Respondent terminated the Claimant summarily under section 44 of the Employment Act for failing to comply with disciplinary procedures, and the Claimant did not exercise his right of appeal within the stipulated period. The court found the termination was fair and compliant with the Employment Act, as the Claimant admitted receiving the show cause letter but failed to address the issues.

employment actwrongful dismissaldisciplinary hearingshow cause letter14 min read

JudgmentCHINA ROAD & BRIDGE CORPORATION VS SAMUEL MWANGI NYAMU28 October 2024

CHINA ROAD & BRIDGE CORPORATION VS SAMUEL MWANGI NYAMU

Employment and Labour Relations Court at Machakos ELRCMaureen Onyango

Division and case type: Employment and Labour Relations CourtAppeals

The appeal arises from a 2016 industrial accident claim where the Respondent sought general and special damages for injuries sustained during employment. The Trial Magistrate awarded Kshs.600,000/- in general damages, Kshs.3,000/- in special damages, and costs. The Appellant appealed, arguing the award was excessive for soft tissue injuries with no residual disability, citing comparable cases awarding Kshs.100,000/- to Kshs.150,000/- for similar injuries. The Court found the award inordinately high and substituted Kshs.300,000/- as general damages, upholding the rest of the judgment.

industrial accidentsgeneral damagesspecial damagesquantum of damages8 min read