Closing the Year with a Major Employment Law Win
Case Highlight: Simon Nyamboga Muhereki v Table Fifty Four Restaurant Ltd (ELRC, Ngong)
As the year draws to a close, Kirwa Bernice & Associates Advocates is pleased to share a significant Employment & Labour Relations success that underscores the value of lawful, well-documented workplace processes.
In Simon Nyamboga Muhereki v Table Fifty Four Restaurant Ltd, the Magistrate’s Court at Ngong dismissed a claim for unfair termination, save for the issuance of a certificate of service, after finding that the employer had both a valid reason for termination and had followed a fair disciplinary procedure as required by law.
Background of the Dispute
The claimant had been employed by the respondent and alleged that his employment was unfairly terminated without being accorded due process. He sought compensation for unfair termination, notice pay, and other statutory remedies.
The employer maintained that the termination arose from gross misconduct, specifically repeated incidents of theft, and that the employee had been subjected to warnings, issued with a notice to show cause, suspended with pay, and invited to a disciplinary hearing prior to termination.
Issues Before the Court
The Court was called upon to determine:
- Whether the employer had established valid and fair reasons for terminating the employment under sections 43 and 45 of the Employment Act; and
- Whether the termination was carried out in accordance with the procedural safeguards set out under section 41 of the Employment Act.
The Court’s Findings
After reviewing the evidence and submissions by both parties, the Court found that:
- The employer had proved the reason for termination on a balance of probabilities;
- The alleged misconduct amounted to gross misconduct within the meaning of section 44 of the Employment Act;
- The employee had been issued with a notice to show cause, suspended with pay, and invited to a disciplinary hearing;
- The disciplinary process complied with the requirements of procedural fairness.
Consequently, the Court held that the termination was fair and lawful, and dismissed the claim for unfair termination.
Our Role
Kirwa Bernice & Associates Advocates acted for the employer in this matter, providing strategic advice throughout the dispute and representing the client through to a successful conclusion.
We are particularly pleased with this outcome as it reflects our firm’s commitment to integrity, accountability, and excellence in legal practice, and because it brought closure and certainty to our client.
As we conclude the year, this judgment serves as a timely reminder that proactive legal compliance is the strongest form of risk management in the workplace.
We continue to advise employers, HR managers, and employees on:
- Employment contracts and HR policies;
- Workplace discipline and termination procedures;
- Redundancy and restructuring;
- Employment disputes and litigation.
If you require guidance on Employment & Labour Relations matters, we welcome you to get in touch for a consultation.
