Wilson Mbithi Kitheka v Barclays Bank Of Kenya [2019] KEELRC 2229 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2229
- Citation
- [2019] KEELRC 2229 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramMathews N. Nduma, Maureen Onyango
Holding
The termination of employment was for a valid reason and fair procedure was followed. The claim for damages is dismissed.
Facts
The Claimant, Wilson Mbithi Kitheka, was a Manager in the Respondent, Barclays Bank of Kenya, and was suspended for 30 days for fraudulent cheque encashment by a customer. He was later promoted to Manager Premier Banking, Head Office. A disciplinary hearing was held, and the Claimant was found guilty of gross negligence.
Issues
- Whether the termination of employment was for a valid reason and if fair procedure was followed.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The court found that the Claimant was grossly negligent in allowing a fraudulent cheque to be deposited, and the Respondent was entitled to terminate his employment. The claim for damages is not warranted.
Outcome
The entire suit is dismissed.
Orders
- One month salary in lieu of notice is paid to the Claimant.
Authorities cited
Legislation (1)
- Employment Act, Cap 226 Laws of Kenya
Cases cited (1)
- Luka Kimaiyo Chepkonge v Kenya Power and Lighting Co. Limited [2010] eKLR
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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