WALLAFRID ANTHONY MGINA V. GRUMETI RESERVES LIMITED, HIGH COURT, LABOUR DIVISION (2017).

Sh 10,500.00

Category:

Description

Gross violation of company procurement procedure due to working under pressure – definition of dishonesty – chairperson of the disciplinary hearing – senior manager from a different office – compensation of not less than twelve months.

  • Gross violation of company procurement procedure leading to financial loss is a valid reason for termination – employee admitted to have violated the procedure, so whether or not the company had procurement procedure and policy is immaterial.
  • Employee’s excuse that she violated the procurement procedure because of work pressure is not justifiable.
  • Definition of dishonesty.
  • Complaint that the disciplinary hearing was improperly constituted since the chairperson of the disciplinary hearing, who was coming from a different office, was a private advocate and was not a senior manager in his office – the complaint was rejected because it was not backed up by evidence indicating qualifications and position of the chairperson.
  • The arbitrator found that termination of employment was unfair but awarded compensation of 3 months salaries – the labour court held that the arbitrator was wrong because the law specifically demands that the compensation should be of not less than 12 months.