Carrefour has been ordered to compensate a former cashier KSh246,554 after the Employment and Labour Relations Court ruled that her summary dismissal was unfair following an assault by a customer inside one of the retailer’s stores.
Justice Onesmus Makau held that Carrefour failed to establish a valid reason for dismissing Nancy Nduta, finding that she was the victim of the incident rather than the wrongdoer.
Nduta joined Carrefour in October 2019 as a merchandiser before earning a promotion to cashier. The dispute arose on January 30, 2023, while she was working at an express checkout reserved for customers with 10 items or fewer.
According to court documents, Nduta directed a customer carrying more than the permitted number of items to a regular checkout counter. The customer allegedly became abusive, insulted her, threw a shopping bag at her and later slapped her during the confrontation.
Nduta told the court that no manager intervened to stop the assault or protect her. She later reported the incident to police and sought medical treatment.
Carrefour argued that the cashier had mishandled the customer by failing to properly package purchases and by placing a box of biscuits on the floor, conduct the company claimed breached its food hygiene and customer service policies. The retailer also maintained that it followed a fair disciplinary process before summarily dismissing her.
However, the court accepted Nduta’s explanation that the biscuits fell to the floor as a reflex after she was physically assaulted, not because of misconduct. Justice Makau further observed that Carrefour failed in its duty to protect its employee despite the altercation taking place within its premises.
While the court found that the employer had substantially complied with the disciplinary procedures required under the Employment Act, it ruled that the dismissal itself lacked a valid legal basis and was therefore unfair.
The court awarded Nduta KSh35,222 as one month’s salary in lieu of notice and KSh211,332 as compensation for unfair dismissal, bringing the total award to KSh246,554.
Carrefour has also been directed to issue the former employee with a Certificate of Service.
