Susan Njeri Ndungu v Registered Trustees of the Presbyterian Church of East Africa & another [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Onesmus N. Makau
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the summary of the landmark case Susan Njeri Ndungu v Registered Trustees of the Presbyterian Church of East Africa [2020] eKLR. Dive into legal insights and implications today.

Case Brief: Susan Njeri Ndungu v Registered Trustees of the Presbyterian Church of East Africa & another [2020] eKLR

1. Case Information:
- Name of the Case: Susan Njeri Ndungu v. The Registered Trustees of the Presbyterian Church of East Africa
- Case Number: Cause No. 1994 of 2014
- Court: Employment and Labour Relations Court at Nairobi
- Date Delivered: 15th October 2020
- Category of Law: Employment Law (Civil)
- Judge(s): Onesmus N. Makau
- Country: Kenya

2. Questions Presented:
The central legal issues to resolve in this case are:
1. Whether the dismissal of the claimant, Susan Njeri Ndungu, was unfair and unlawful.
2. Whether the claimant is entitled to the reliefs sought in her suit.

3. Facts of the Case:
Susan Njeri Ndungu (the Claimant) was employed by the Registered Trustees of the Presbyterian Church of East Africa and PCEA Nderi Parish (the Respondents) as a Secretary from March 9, 2006. Initially, she earned Kshs. 8,125 plus a house allowance, which was later increased to Kshs. 14,683 plus Kshs. 6,875 in house allowance. The claimant alleged that on January 15, 2014, the respondents attempted to convert her permanent employment into a fixed-term contract, which she protested. Following her protest, she was removed from her office on May 16, 2014, and subsequently dismissed on June 3, 2014, for alleged misconduct. The claimant contended that her dismissal was unfair due to lack of a valid reason and denial of a hearing.

4. Procedural History:
The claimant filed her Memorandum of Claim on November 7, 2014, seeking various reliefs including unpaid salaries and damages for unlawful dismissal. The respondents denied the allegations and claimed that the dismissal was justified due to the claimant's misconduct. The case proceeded to a full hearing where both parties presented evidence and filed written submissions.

5. Analysis:
- Rules: The court considered relevant provisions of the Employment Act, particularly sections 41 and 45 regarding unfair termination, which require that an employer must provide valid reasons for termination and follow fair procedures.

- Case Law: The court referenced the case of *Mary Chemweno Kiptui v. Kenya Pipeline Co. Ltd [2014] eKLR*, which established that failure to follow mandatory procedures renders termination unfair. Additionally, the court cited *Abraham Gumba v. Kenya Medical Supplies Authority [2014] eKLR* regarding insubordination and the definition of misconduct.

- Application: The court found that the employer's reasons for dismissal—claiming insubordination due to the claimant's behavior—were valid. However, it further concluded that the procedure followed was unfair, as the claimant was not accorded a hearing before her dismissal, violating section 41 of the Employment Act.

6. Conclusion:
The court ruled that the claimant's dismissal was unfair due to the lack of a fair hearing. She was awarded Kshs. 292,152, which included notice pay, compensation for unfair termination, underpaid salary, and refund of unremitted NHIF deductions. The ruling emphasized the importance of following due process in employment termination.

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

8. Summary:
The Employment and Labour Relations Court found in favor of Susan Njeri Ndungu, determining that her dismissal was unfair due to procedural errors. The case highlights the necessity for employers to adhere to fair procedures when terminating employment, as outlined in the Employment Act. The decision reinforces employee rights and the requirement for just cause and fair process in employment matters.

Document Summary

Below is the summary preview of this document.

  • Susan-Njeri-Ndungu-v-Registered-Trustees-of-the-Presbyterian-Church-of-East-Africa--another-[2020]-eKLR-Case-Summary_1928_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries