Dominic N. Mbithi v Dubai Bank Kenya Limited [2013] KEELRC 746 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 746
- Citation
- [2013] KEELRC 746 (KLR)
- Decided
- 6 June 2013
The termination of employment was found to be wrongful, unlawful, and unfair.
Facts
Claimant Dominic N. Mbithi was employed as a Branch Manager by Dubai Bank Kenya Limited from December 16, 2005. He was confirmed on June 20, 2006. On June 8, 2011, he was unlawfully terminated without valid reason. The respondent transferred the claimant three times within a month and refused to pay damages and entitlements.
Issues
- Was the termination of employment wrongful, unlawful, and unfair?
- Is the claimant entitled to the relief sought?
- Who bears the costs of this cause?
Reasoning
The Employment Act, 2007, section 45 states that termination of employment is unfair if the employer fails to prove valid reasons related to the employee's conduct, capacity, or compatibility, or based on operational requirements. The claimant had served diligently without any reprimand until the unlawful termination.
Outcome
Claimant's claim for wrongful, unlawful, and unfair termination of employment is upheld.
Orders
- The respondent is ordered to pay the claimant six months gross salary in lieu of notice and twelve months salary gross salary in accordance with section 49(i)(c) of the Employment Act.
- The respondent is ordered to issue a certificate of service to the claimant.
- The respondent is ordered to pay punitive and exemplary damages for unlawful termination.
Remedies
- Six months gross salary in lieu of notice
- Twelve months salary gross salary in accordance with section 49(i)(c) of the Employment Act
- Punitive and exemplary damages for unlawful termination
- Certificate of service
Authorities cited
Legislation (1)
- Employment Act, 2007
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