Michael Getanda MakenI & 3 others v Ecobank Kenya Limited [2019] KEELRC 2246 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2246
- Citation
- [2019] KEELRC 2246 (KLR)
- Decided
- 14 February 2019
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramJustice Mathews N. Nduma
The summary dismissals were unlawful and unfair, and the claimants are entitled to compensation and notice pay.
Facts
The claimants were ATM card and pin custodians who were accused of unauthorized withdrawals from customers' accounts. They were charged in Kisii Law Courts and acquitted under Section 210 of the Penal Code.
Issues
- Whether the summary dismissals were for valid reasons.
- Whether the respondent followed a fair procedure in summarily dismissing the claimants.
- Whether the claimants are entitled to the reliefs sought.
Reasoning
The court found that the summary dismissals were not for valid reasons and no fair procedure was followed. The claimants were not subjected to a disciplinary process and were simply suspended and dismissed without any valid reason.
Outcome
Affirmed
Remedies
- One month's salary in lieu of notice in the sum of Kshs. 77,473 for the claimant Michael Gitanda Makini.
Authorities cited
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