Case law
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Division and case type: Claims and Labour Relations DivisionClaim/Causes
…It was the Respondents’ submissions that the Claimant’s employment contract was terminated on 1st July 2021 for insubordination and misconduct.…
…The evidence on record demonstrated clear insubordination, warranting the action subsequently taken by the Respondent.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…They were later issued with a letter of insubordination on 16th December, 2021.…
…In cross-examination, he stated that he was called on 28th December, 2021 and the letter referred to insubordination. He denied the accusation.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Please note that these amounts to insubordination and failure to obey and follow lawful command which are both gross misconduct liable to summary dismissal as per the Employment Act 2007-44-4 (e).…
…On the hearing form attached to the Respondent’s bundle of documents, the Respondent particularized the misconduct as: one, allowing customers to enter the mall before opening hours, and two, insubordination by declining…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The reasons given by the Respondent for dismissing the Claimant were willful neglect of duty, insubordination and absence from duty. 18.…
…This allegation is intimately linked with the third allegation of insubordination (failing to report to the fish farm). 21.…
Division and case type: Employment and Labour Relations CourtAppeals
…The Appellant’s Counsel submitted that this appeal revolves around a single issue: whether there was insubordination by the Appellant, justifying a summary dismissal.…
…performance and insubordination leading to his summary dismissal. 27.…
Division and case type: Employment and Labour Relations CourtAppeals
…The Appellant’s Counsel submitted that this appeal turns on a single issue, whether there was insubordination by the Appellant, warranting a summons against him.…
…performance and insubordination leading to his summary dismissal. 27.…
Division and case type: Employment and Labour Relations CourtAppeals
…The conduct of the respondent was insubordination and a breach of duty that justified disciplinary action.…
…The appellant submitted that in addressing the claim, the trial court failed to consider the respondent's conduct, which he had admitted to acts of insubordination and breach of duty.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Please note that these amounts to insubordination and failure to obey and follow lawful command which are both gross misconduct liable to summary dismissal as per the Employment Act 2007-44-4 (e).…
…On the hearing form attached to the Respondent’s bundle of documents, the Respondent particularized the misconduct as: one, allowing customers to enter the mall before opening hours, and two, insubordination by declining…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The termination letter dated 14th April 2023 stated that the claimant’s employment was terminated on account of insubordination and gross misconduct towards the employer.…
…Similarly, RWI confirmed, on cross-examination that he did not provide any particulars of the insubordination or misconduct but that they were provide to the claimant formally.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The Respondent further states that the Claimant was dismissed for coming to work drunk and for reason of insubordination. 14.…
…He further told court that a complaint of insubordination was also lodged against the claimant. 17.…
Division and case type: Employment and Labour Relations CourtAppeals
…The Appellant resisted the claim by a Statement of Response dated 24th April 2024, maintaining that the Respondent had been lawfully summarily dismissed for gross misconduct amounting to insubordination, after a lawful disciplinary…
…He was summarily dismissed on 6th May 2022 on grounds of gross misconduct and insubordination, which he maintained was unlawful and premeditated, the Appellant's true intention being to dismiss the mixers rather than genuinely…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The termination letter dated 14th April 2023 stated that the claimant’s employment was terminated on account of insubordination and gross misconduct towards the employer.…
…Similarly, RwI confirmed on cross-examination that he did not provide any particulars of the insubordination or misconduct were provide to the claimant formally.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Claimant further averred that during that hearing, he was not asked on insubordination/gross misconduct. oo.…
…That he responded to the Notice to show cause over the charges of insubordination. 10.…
Division and case type: Appeals DivisionAppeals
…Counsel also relied on section 44(4)(d) and (e) of the Employment Act on insubordination and disobedience of lawful and proper commands from an employer which amounted to gross misconduct leading to summary dismissal.…
…The Respondent on the other hand acknowledged finding the lost files and alleged that she dismissed the Appellant for insubordination and failure to obey her orders to return the office dairy and court documents.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The nurse opted to escalate the matter and decided to take the student to the hospital contrary to his instructions which was insubordination.…
…This was insubordination. He reported the matter but was not addressed.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The Respondent avers that the Claimant had been talked to severally on underperformance and insubordination but the Claimant was not ready to change.…
…RW1 testified that the Claimant had several warnings because of not doing his duties and insubordination of the chief nurse.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Respondent states that the Claimant defied these instructions, challenged authority, and continued engaging IAI, which the Respondent considers insubordination. 39.…
…The Respondent maintains that the termination was based on insubordination and asserts that the Claimant was given due process, including a chance to defend himself and to appeal against the termination. 45.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…This amounted to insubordination, and a basis for disciplinary action and or summary dismissal against her. 35 The 2nd Respondent testified further that on 5th July,2018, the Claimant requested for two months’ unpaid leave…
…He has intensively dealt with insubordination as the basis for termination of the Claimant’s employment, and how justified the 1st Respondent was in terminating her employment on the account.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…In brief, he submitted that the warning letter dated 14th July 2020 accusing the Claimant of insubordination and general office misconduct but there was no evidence to substantiate the allegations.…
…Gladys Boss Shollei & Another [2014] eKLR, where the Court of Appeal affirmed that insubordination, misconduct and conduct incompatible with the duties of an employee can constitute valid grounds for termination. 36. …
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Claimant averred that on 4th Septemeber,2017 he received a letter from the chairman alleging insubordination on his part.…
…The Respondents averred that the Claimant's refusal to hand over as requested was open defiance to authority and insubordination.…