A top official at a private school owned by Nova Pioneer Kenya Limited has lost her job after a court upheld her dismissal for falsified fire drill records, highlighting the obligation of learning institutions to ensure the safety and welfare of minors under their care.

The Employment and Labour Relations Court in Nairobi found that the dismissal of Ms AK, a Dean of Students at Nova Pioneer School, was lawful and procedurally fair, and dismissed her claim for more than Sh2.3 million in compensation.

Ms AK had challenged her termination, arguing that the disciplinary process was biased and flawed, and that fire drill duties were not part of her core responsibilities. She also claimed she was punished twice for the same issue and that key evidence was introduced after her dismissal.

She contended that since she had been verbally warned over issues linked to the fire drill, issuing a formal notice to show cause, convening a disciplinary hearing and ultimately dismissing her amounted to punishing her twice for the same conduct.

Dismissal upheld

But the court rejected her claims, finding that the school had valid grounds to terminate her employment after she admitted to inaccuracies in official safety records.

“It is not disputed that the claimant admitted to approximating dates in official records without supporting documentation,” the court said, adding that she could not produce evidence to confirm that the fire drills had taken place.

The dispute stemmed from concerns raised in early 2023 over discrepancies in fire drill reports at the school. She was accused of gross misconduct, falsification of fire drill reports and failure to substantiate the occurrence of the material fire drills.

The institution argued that accurate documentation of such drills is mandatory under Ministry of Education safety standards, given its duty to safeguard students.

Safety lapse

According to the employer, Ms AK assumed responsibility for fire drills following the Dean of Residential Life’s departure. A review later revealed inconsistencies in reported dates, with some drills lacking proof of occurrence.

The court noted that the inaccuracies were not minor clerical errors but went to the integrity of safety compliance records. “The respondent had a valid and fair reason to terminate the claimant’s employment,” the judge ruled.

Ms AK maintained that she had only temporarily handled the role without formal assignment or training. She argued that no reasonable employer should dismiss an employee for failing to perform duties outside their job description.

However, the court found that she had taken up the responsibility and was expected to maintain accurate records, particularly in a school setting where safety procedures are critical.

Also read: Strathmore fires security director, suspends three over botched drill

On procedure, the court ruled that the school followed due process. Ms AK was issued a notice to show cause, invited to a disciplinary hearing and later allowed to appeal.

Although the notice and hearing invitation were sent on the same day, the court found she had sufficient time to prepare and did, in fact, submit a written response and attend the hearing.

“It is evident that she had several days to prepare and did, in fact, submit a written response to the show cause and attend the hearing,” the court said.

The court also dismissed claims of bias because her supervisor participated in the disciplinary panel, stating that no evidence of actual prejudice was presented.

“Participation by one’s supervisor in internal disciplinary proceedings does not automatically render the process unfair,” the court stated.

The dean further argued that the appeal process was tainted because it relied on an investigative report introduced after her dismissal. But the court held that she was given access to the report and an opportunity to respond, curing any procedural gaps.

The court concluded that both the substance and procedure of the termination met the legal threshold under the Employment Act.

“Overall, the termination of the claimant’s employment is found both substantively and procedurally fair,” the court ruled, dismissing her claims in full and awarding costs to the school.

→ jwangui@ke.nationmedia.com

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