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John Gitau Mwaura v National Bank of Kenya Ltd [2018] KEELRC 1381 (KLR)

[2018] KEELRC 1381 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1381
Citation
[2018] KEELRC 1381 (KLR)
Decided
27 July 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant seeks declaration of unfair termination, compensation, reinstatement, and costs; Respondent seeks dismissal with costsCoramBYRAM ONGAYA
Holding

The termination was not unfair as the claimant admitted the allegations and apologized, and a disciplinary hearing was superfluous.

Facts

Claimant was employed as Branch Manager at National Bank of Kenya Ltd. He was suspended on half salary in July 2012 due to an audit revealing operational lapses. A further audit confirmed irregularities and the claimant was shown cause for alleged reckless lending, insubordination, system manipulation, and uncollected bank revenues.

Issues

  1. Whether the termination of the contract of employment was unfair
  2. Whether the claimant's prayers for compensation and reinstatement are available

Reasoning

The claimant admitted the policy breaches and apologized for some, rendering a disciplinary hearing unnecessary. The Court finds the termination valid due to the claimant's admitted lapses and the bank's operational requirements.

Outcome

The claimant's suit is dismissed with each party bearing their own costs.

Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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