Friday, April 11, 2025

Reasons for termination: The Case of Onyango v Riley Falcon Security Services [2025] KEELRC 855 (KLR)

Brief Facts:

On reasons for termination, in the above-cited case, the Claimant’s termination stemmed from a complaint that he reported to work 22 minutes late and was arrogant in responding to the inquiry about the lateness. 

 Analysis & Court's Determination:

The court, in determining whether the Respondent had a valid reason to terminate the Claimant, considered that he had worked for the Respondent for over 20 years and had no recorded case of misconduct.

Additionally, in the court’s view, a 22-minute absence from the workplace is not a valid and fair reason to terminate an employee, nor would being arrogant unless the conduct is habitual or amounts to rudeness. 

To the court, while arrogance denotes hubris, a feeling of self-importance, haughtiness, egotism or being pompous or conceited, rudeness, on the other hand, is associated with being ill-mannered, discourteous, insolent, disrespectful, offensive, or contumelious. 

The Claimant was arrogant but not rude, and according to the court, a reasonable employer would not have terminated the Claimant in similar circumstances.

Full case available here

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