Nicodemus Mutunga Tungu v CFC Stanbic Bank Ltd [2018] KEELRC 589 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 589
- Citation
- [2018] KEELRC 589 (KLR)
- Decided
- 16 November 2018
Summary at a glance
TypeUnfair TerminationPostureAppeal from an original trial decisionCoramRadido Stephen
The termination of the Claimant’s employment was procedurally unfair and the Claimant is entitled to 1 month pay in lieu of notice and the equivalent of 5 months gross wages as compensation.
Facts
The Claimant was offered employment as Officer, Foreign Trade by Stanbic Bank Ltd through a contract dated 31 May 2007. The Respondent terminated the contract on 17 May 2011 due to low performance. The Claimant filed legal proceedings alleging wrongful termination and seeking service and terminal benefits.
Issues
- whether the termination of the Claimant’s employment was unfair
- whether the Claimant had accrued leave by time of separation
Reasoning
The Court found that the Respondent failed the procedural fairness test and was aware of the Claimant's debilitating illness affecting his performance.
Outcome
The Claimant is awarded 1 month pay in lieu of notice, the equivalent of 5 months gross wages as compensation, and accrued leave.
Orders
- Pay in lieu of notice Kshs 71,810/-
- Accrued leave Kshs 4,775/-
- Compensation Kshs 406,800/-
Remedies
- Pay in lieu of notice
- Accrued leave
- Compensation
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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