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Unfair Termination of Employment

The Claimant, Meshack Kiplagat Cheptorus, was employed by Miral Welfare Foundations (Kenya) as a social worker after completing an internship, but his employment was terminated on November 15, 2019, due to alleged theft of mobile phones. The Claimant argues that he was not given proper notice or a disciplinary hearing prior to his dismissal and claims he was falsely accused. The case raises issues of procedural and substantive fairness in the termination, potential discrimination, and the validity of the reasons for dismissal.

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Charlmagne Napoleon Jr.
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34 views2 pages

Unfair Termination of Employment

The Claimant, Meshack Kiplagat Cheptorus, was employed by Miral Welfare Foundations (Kenya) as a social worker after completing an internship, but his employment was terminated on November 15, 2019, due to alleged theft of mobile phones. The Claimant argues that he was not given proper notice or a disciplinary hearing prior to his dismissal and claims he was falsely accused. The case raises issues of procedural and substantive fairness in the termination, potential discrimination, and the validity of the reasons for dismissal.

Uploaded by

Charlmagne Napoleon Jr.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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THE REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

ELRC CASE NO … OF 2024

MESHACK KIPLAGAT CHEPTORUS……………………………………...….CLAIMANT

VERSUS

MIRAL WELFARE FOUNDATIONS (KENYA)………………….…….......RESPONDENT

PLAINTIFF’S WRITTEN SUBMISSIONS

BRIEF STATEMENT OF FACTS

The Claimant avers that he was employed by the Respondent as an intern in September 2014 and
marked a successful end of his internship contract with the respondent on 19 th November 2014 of
which he was issued a recommendation letter.

The Claimant was subsequently recruited to work full time as a social worker on 1 st May 2015.
The Claimant was employed on permanent terms had his contract was renewed every year in the
years 2016, 2017, 2018. The Claimant demonstrated an excellent performance and this
culminated in the issuance of another recommendation letter dated 3rd January 2019.

The Claimant avers that on the 14 th day of November 2019, the said Respondent’s Director at 9
a.m informed the Claimant that two office mobile phones had been stolen and that unless the
phones were returned by 3:00 p.m that day his employment would be terminated. Having no
knowledge of the theft of the phones, the Claimant was at the mercy of the Respondent.

The Claimant had his employment terminated vide a termination letter dated 15 th November
2019 and signed by the Country Director, Ruth Lee citing theft of mobile phones from the office.

The Claimant was neither issued with a notice of the intended termination by the respondent nor
was he subjected to any disciplinary hearing by the Respondent.

The Claimant reported the matter to Westlands Police Station and was told to return after the
police had done investigations.

1
The Claimant was summoned on 25th November 2019 to collect his terminal dues and upon
inquiry on the reason for dismissal the claimant was falsely accused of having orchestrated the
theft of the said mobile phones.

ISSUES FOR DETERMINATION

The issues for determination are as follows:

a) Whether there was substantive and procedural fairness to dismiss the Claimant’s
employment.
b) Whether the Claimant was discriminated against.
c) Whether there was a valid reason for termination of the Claimant’s service.

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