Joseph Oduor Otieno v National Bank of Kenya Limited [2019] KEELRC 1483 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1483
- Citation
- [2019] KEELRC 1483 (KLR)
- Decided
- 28 May 2019
The termination of the Claimant's employment was unfair and unjustified due to lack of valid reasons and due process.
Facts
The Claimant was employed by the Respondent from April 1, 2008, and was offered loan facilities. In 2014, the Respondent introduced a voluntary early retirement plan, which the Claimant did not accept. On August 24, 2015, the Respondent suspended the Claimant for investigations into alleged fraudulent activities, reducing his salary. The Claimant was terminated on November 13, 2015, without a hearing.
Issues
- Fair termination procedure
- Validity of termination reasons
Reasoning
The court found that the Claimant was not given notice of the hearing and was not asked to call his witnesses, indicating a lack of fair hearing. The termination was based on fraudulent activities, which the Claimant denied.
Outcome
Awarded 8 months' salary as compensation for unfair termination and 1 month's salary in lieu of notice.
Orders
- Award 8 months' salary as compensation for unfair termination
- Award 1 month's salary in lieu of notice
- Direct Respondent to issue Claimant with a Certificate of Service
- Respondent to pay costs of the suit plus interest at Court rates
Authorities cited
Legislation (1)
- Employment Act 2007
Loading judgment…