Simon Otieno Okoyo Nalwakho v Barclays Bank of Kenya Limited [2018] KEELRC 1337 (KLR)

Summary at a glance

Facts

Claimant was employed by respondent as a Custom Advisor with a salary of Kshs.374,760.00 per annum and a house allowance of 33,420.00. The employment terms were later reviewed. Claimant was suspended and later terminated for presenting fraudulent medical claims, but AON Minet Insurance had already verified the receipts and made reimbursement.

Issues

• Whether the termination of the employment was wrongful, unfair and unlawful
• Whether the claimant is entitled to the relief sought
• Who bears the costs of this claim

Reasoning

The court found that the termination was based on fraudulent medical claims, which were later verified and reimbursed by AON Minet Insurance. The court also found that the termination was not in accordance with fair procedure.

Outcome

Claimant's case for wrongful termination and unfair dismissal is upheld.

Orders

• The respondent is ordered to reinstate the claimant to his employment with all the benefits and allowances as at the date of termination

Remedies

• Reinstatement of employment with all benefits and allowances as at the date of termination

Authorities cited