Alois Makau Maluvu v Cititrust Kenya Limited & another [2018] KEELRC 1285 (KLR)

Facts

The claimant was employed by the 2nd respondent as a portfolio analyst and later transferred to the 1st respondent. He was rated as poor performance in 2011 and put on a Targeted Performance Management process. In 2012, he was given a Notice of Disciplinary Enquiry due to poor performance.

Issues

1. Whether the termination of the claimant's employment was valid procedurally and substantively
2. Whether the claimant is entitled to the remedies sought

Reasoning

The employer failed to provide a specific warning to the claimant that his employment would be terminated if he did not improve his performance. The claimant was not informed of the time frame for improvement or the consequences of not meeting the set targets.

Outcome

The claimant is awarded 6 months' salary as compensation and annual leave prorated.

Authorities cited