Julius Kiema Kenga v Barclays Bankk of Kenya Limited & another [2015] KEELRC 152 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 152
- Citation
- [2015] KEELRC 152 (KLR)
- Decided
- 4 December 2015
The Court finds that the termination of the claimant's services did not constitute a breach of his employment contract. The claimant was not summarily dismissed for removing bank property; he was terminated under clause A5 (d) of the CBA by paying one month salary in lieu of notice. The claimant was not falsely imprisoned or maliciously prosecuted.
Facts
The claimant was employed as a cashier by the respondent from 1988 to 1996. He was arrested and charged with fraudulent false accounting in 1996, suspended, and later terminated. He was acquitted in 1998. The claimant brought a suit for false imprisonment, malicious prosecution, and breach of contract.
Issues
- Whether the termination of the claimant's services constituted a breach of his employment contract.
- Whether the claimant was falsely imprisoned and maliciously prosecuted.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The termination was based on a breach of the collective bargaining agreement (CBA) clause A5 (a) (i), but the claimant was terminated under clause A5 (d) which allows either party to terminate by paying one month salary in lieu. The court found that the claimant was not falsely imprisoned or maliciously prosecuted as he was acquitted in the criminal case.
Outcome
Judgment entered for the claimant in the sum of Kshs 1,184,462 subject to apportionment of liability, plus costs and interest.
Orders
- Judgment for the claimant in the sum of Kshs 1,184,462
Remedies
- Kshs 1,184,462
- Costs
- Interest
Authorities cited
Legislation (1)
- Collective Bargaining Agreement (CBA)
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