How a Client’s Meal Cost a Mombasa Chef His Job

A Mombasa court has upheld an award of Sh440,512 to a senior chef dismissed by Pride Inn Hotel for preparing a meal without a formal Kitchen Order Ticket (KOT), ruling that the dismissal process was unlawful.

Justice Ocharo Kebira upheld the earlier decision by Principal Magistrate David Ndungi, which awarded Chef Nickson Mangwenje compensation equivalent to eight months’ salary, one month’s pay in lieu of notice, and unpaid public holiday dues. The court also directed Pride Inn to issue him with a certificate of service and pay the costs of the case.

Mangwenje had worked at the hotel since 2015 before he was dismissed in September 2020 after serving food to a regular client without a KOT. He told the court that the cost of the meal had already been deducted from his salary, arguing that his dismissal amounted to double punishment.

He further said that refusing the client’s request would have amounted to neglect of duty. Mangwenje argued that the disciplinary process was rushed and failed to meet the requirements set out under sections 41, 43, and 45 of the Employment Act, 2007.

Pride Inn, through Human Resource Manager Nicholas Ochieng, argued that the chef had breached the hotel’s standard operating procedures. The hotel maintained that Mangwenje admitted the misconduct during a disciplinary hearing and was given a notice to show cause, time to prepare his response, and the option of attending with a witness.

The hotel also cited previous incidents of similar misconduct and said dismissal was justified. The trial court found that although the hotel had valid grounds to discipline the chef, it failed to follow the procedural requirements set out in the Employment Act. Justice Kebira agreed with that finding, stating that Mangwenje had not been given adequate notice or a fair opportunity to defend himself before the dismissal.

“I conclude that the learned trial Magistrate did not err in finding that the summary dismissal of Mangwenje was unfair,” the judge ruled while dismissing the hotel’s appeal.