Diana Adhiambo Odhiambo v Jubilee Insurance Company of Kenya Limited [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Kisumu
Category
Civil
Judge(s)
Hon. Justice Mathews N. Nduma
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the key takeaways from the case of Diana Adhiambo Odhiambo v Jubilee Insurance Company of Kenya Limited [2020] eKLR, highlighting legal principles and implications in insurance law.

Case Brief: Diana Adhiambo Odhiambo v Jubilee Insurance Company of Kenya Limited [2020] eKLR

1. Case Information:
- Name of the Case: Diana Adhiambo Odhiambo v. The Jubilee Insurance Company of Kenya Limited
- Case Number: Cause No. 226 of 2017
- Court: Employment and Labour Relations Court, Kisumu
- Date Delivered: 15th October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Mathews N. Nduma
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving the following legal issues:
1. Whether the respondent had a valid reason to summarily dismiss the claimant.
2. Whether the respondent followed a fair procedure in dismissing the claimant.
3. Whether the claimant is entitled to the reliefs sought in her claim.

3. Facts of the Case:
The claimant, Diana Adhiambo Odhiambo, was employed by The Jubilee Insurance Company of Kenya Limited as a unit manager, later promoted to Business Development Officer. She was involved in a tender awarded to the respondent by Homa Bay County Assembly to provide medical cover. The claimant authorized Ocean Breeze Insurance Agency, owned by her daughter's boyfriend, to act as an intermediary in the insurance transaction. Allegations arose that this constituted a conflict of interest and misconduct, leading to her dismissal. The claimant maintained that she was unaware of the ownership of Ocean Breeze at the time of the authorization and claimed that her dismissal was unlawful and unfair.

4. Procedural History:
The claimant filed her suit on 23rd May 2017, seeking various reliefs including compensation for unlawful dismissal and a certificate of service. The case progressed through the Employment and Labour Relations Court, where the claimant and respondent presented their testimonies and evidence. The respondent argued that the claimant engaged in misconduct by failing to disclose her relationship to the owner of Ocean Breeze and that the dismissal followed a fair procedure.

5. Analysis:
- Rules: The court considered the Employment Act, 2007, particularly sections 41, 43, 44, 45, and 47 which outline the requirements for a lawful dismissal and the procedural fairness expected in disciplinary actions.

- Case Law: The court cited previous rulings, including Nakuru ELRC NO. 474 of 2017, Consolata Kemunto Aminga vs. Milimani High School, which provided guidance on procedural fairness and the burden of proof in dismissal cases.

- Application: The court found that the claimant authorized Ocean Breeze as an intermediary without disclosing her relationship to its owner, which constituted serious misconduct. The court concluded that the respondent had valid grounds for dismissal and followed a fair procedure, despite the claimant's argument regarding her lack of knowledge of the ownership.

6. Conclusion:
The court ruled that the respondent had a valid reason for the claimant's summary dismissal and that the proper procedures were followed. The claimant's request for compensation and other reliefs was denied, although the respondent was ordered to provide a certificate of service within 30 days.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The court dismissed the claimant's suit, affirming the respondent's right to terminate her employment based on misconduct related to a conflict of interest. The ruling underscores the importance of transparency in employment relationships and the necessity for employees to disclose potential conflicts. The case also highlights the procedural requirements for lawful dismissals under Kenyan employment law.

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