The Court of Appeal has upheld an award of KSh 4,707,945.38 to a former employee after finding that his employer unfairly dismissed him while he was on sick leave recovering from illness.
In its decision, the appellate court ruled that the employer violated the law by terminating the employee’s contract without following the required disciplinary procedures, reaffirming that workers are entitled to fair treatment even when they are unwell.
According to the court, the employee had been hospitalized and had been granted sick leave.
However, while he was still recovering, the company accused him of failing to account for company funds.
Instead of issuing him with a show-cause letter or inviting him to a disciplinary hearing, the employer terminated his employment through a newspaper notice, claiming that he had deserted his duties.
The court found that the employer made no genuine effort to reach the employee or give him an opportunity to respond to the allegations before dismissing him.
In upholding the compensation of KSh 4,707,945.38, the Court of Appeal emphasized that an employer cannot simply label an employee a deserter or terminate their employment while they are on approved sick leave without observing due process.
The judges stressed that every employee has the right to a fair hearing before any disciplinary action or termination is carried out, regardless of the circumstances.
