Gilbert Mariera Makori v Equity Bank Limited [2016] KEELRC 350 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 350
- Citation
- [2016] KEELRC 350 (KLR)
The termination of the Claimant's employment was unfair as the Respondent failed to prove the reason for termination and did not follow the required procedure as per the Employment Act.
Facts
Claimant was employed by Respondent as a bank clerk from May 2006. He was promoted to Senior Relationship Officer and received a letter of termination on March 21, 2014. The reason for termination was not disclosed, and the Claimant was not given a chance to defend himself.
Issues
- Whether the termination of the Claimant's employment was unfair.
- Whether the Claimant is entitled to the prayers sought.
Reasoning
The Employment Act requires employers to notify and hear employees before terminating their employment on grounds of misconduct, poor performance, or physical incapacity. The Respondent failed to provide a valid reason for termination and did not follow the required procedure.
Outcome
The Claimant is entitled to compensatory award, unspent leave days, and one month salary in lieu of notice.
Remedies
- Adequate and reasonable remedy of compensatory award under Sec. 49 of Employment Act.
- Unspent leave days (60 days).
- One month salary (March 2011 and one month salary in lieu of notice).
- 12 months' salary and leave dues.
Authorities cited
Legislation (2)
- Employment Act
- Statement of Disciplinary Rules
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