A Kenyan court has upheld the dismissal of a teacher who was absent from work for more than two weeks after travelling to care for his sick father.
The Employment and Labour Relations Court in Machakos dismissed the teacher’s petition challenging the decision by the Teachers Service Commission (TSC) to terminate his employment.
The teacher had worked for about 25 years before the dispute arose in February 2020. He travelled from Nairobi to Kitale after learning that his father had been admitted to hospital and needed cancer treatment.
He told the court that he had informed his school principal about the family emergency and arranged for colleagues to handle his classes while he was away.
After his father was discharged, the teacher returned to work and continued participating in school activities before schools were closed because of the COVID-19 pandemic.
However, TSC considered his absence to be desertion of duty. The commission said he had left work without obtaining the required permission or applying for compassionate leave.
The teacher was later subjected to disciplinary proceedings. During the process, TSC said he admitted that he had been away without official permission and had not applied for compassionate leave.
A disciplinary panel eventually dismissed him, while a review conducted in August 2022 upheld the decision.
The teacher then moved to court seeking reinstatement and about KSh1.36 million in unpaid salary and other benefits. He argued that his right to a fair hearing and fair administrative action had been violated.
Justice Jemimah Keli, however, ruled that the disciplinary process had been fair. The court found that the reason for his dismissal had been established and that he had been given an opportunity to defend himself.
The ruling means the teacher will remain dismissed from the TSC despite his argument that he had been responding to a serious family emergency.
The case highlights the importance of following official leave and permission procedures even when employees are dealing with family emergencies.