Sacking of drunk Brookside driver fair, says court

By JOSEPH WANGUI
More by this Author

Summary

• The Employment and Labour Court has thrown out a case filed by Brookside Dairy Limited driver seeking a compensation of Sh2 million for dismissal from work.
• Justice Mathews Nduma said the driver, Charles Asango failed to prove his case and the court found that the summary dismissal was lawful and fair.

The Employment and Labour Court has thrown out a case filed by Brookside Dairy Limited driver seeking a compensation of Sh2 million for dismissal from work.

Justice Mathews Nduma said the driver, Charles Asango failed to prove his case and the court found that the summary dismissal was lawful and fair.

The court noted that the milk processor had demonstrated that the driver was guilty of abandoning the company's vehicle at a dangerous place and went to take alcohol in the course of duty.

Elizabeth Mwari, the company's human resource manager in-charge of recruitment, discipline and other staff matters, testified that on March 2, 2015 the driver disappeared for an hour while going to deliver products, and when he resurfaced he was drunk.

She said the matter was reported by a salesperson who had accompanied the driver to deliver company products.

Mr Asango was “intoxicated and disorderly” when he returned to work after an hour, she told cour.

Ms Mwari said this was not the first time Mr Asango had been drunk and disorderly at work, adding he had been previously warned but had not changed.

The court heard that the driver was given “a show cause letter” with the relevant charges but declined to receive and respond to the same.

However, he appeared with his daughter at a disciplinary hearing in Nairobi, where he defended himself, Ms Wwari said.

The company found him guilty of misconduct and summarily dismissed him.

Justice Nduma upheld the company's decision but ruled that the driver was entitled to his terminal benefits.

"The respondent is directed to facilitate release of claimant’s pension by Alexander Forbes, the administrator of the respondent’s pension, in the sum of Sh209,509 plus any accrued interest due to the amount upto the date of payment to the claimant," said Justice Nduma.

The driver wanted a three-month salary in lieu of notice amounting to Sh191,382, compensation for unlawful dismissal, payment of Sh213,499 pension and Sh1,637,568 house allowance. Mr Asango had said he worked diligently from when he was employed in 2009 until when he was dismissed in March 2015 by the company without any warning nor being called to a disciplinary hearing.

He claimed that he was not given notice nor paid in lieu of notice. He also said he suffered hardship, loss and damage as a result of the unlawful dismissal.

The HR manager stated that the claimant was a good driver but took alcohol at work.