JUDGMENT OF THE COURT
At all material times the respondent, Judith Apudo was employed by the appellant, Social Service League MP Shah Hospital, as a registered nurse at a monthly gross salary of Kshs 58,100. The respondent joined the appellant on 4th January 1995 as a trainee nurse, but the appellant summarily dismissed her on 4th December 2012 for alleged gross misconduct. The alleged misconduct arose from a strike at the hospital on 5th November 2012 during which it was alleged that the respondent and other employees violently assaulted a senior manager, Ms. Chinwendu Achebe.
On 13th January 2014 the respondent lodged a claim for unlawful, unfair and wrongful dismissal in the Employment and Labour Relations Court (ELRC). She denied having assaulted Ms. Achebe and maintained that she was not at her place of work on the day in question. The respondent averred that the appellant did not inform her the reason for dismissal and further refused to give her a pre-dismissal hearing, in violat…