Geoffrey Sadat Otana v Equity Bank Limited [2020] KEELRC 588 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 588
- Citation
- [2020] KEELRC 588 (KLR)
The Court finds the dismissal lawful and fair, and orders the Respondent to pay the Claimant Kshs. 23,833 in salary for 13 days in June 2011, and the Claimant to pay Kshs. 43,937.28 in outstanding loan balance.
Facts
The Claimant, Geoffrey Sadat Otana, was dismissed by Equity Bank Limited on June 13, 2011, following a loss of Kshs. 1,232,000 from the bank's ATM cassettes. The Claimant claimed he was innocent and that the loss was due to poor supervisory structures.
Issues
- Whether the Claimant's dismissal was lawful and fair
- Whether the Claimant is entitled to the remedies sought
- Whether the Respondent has proved a proper counterclaim against the Claimant
Reasoning
The Court held that the Respondent had a valid reason for dismissing the Claimant under Section 43 of the Employment Act, and that the Claimant's failure to present himself for disciplinary proceedings did not justify his dismissal.
Outcome
The Claimant is awarded Kshs. 23,833 in salary, and the Respondent is ordered to pay Kshs. 43,937.28 in outstanding loan balance.
Orders
- In favour of the Claimant in the sum of Kshs. 23,833 being salary for 13 days in June 2011
- In favour of the Respondent in the sum of Kshs. 43,937.28 being outstanding loan balance
Remedies
- Salary for 13 days in June 2011
- Outstanding loan balance
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (3)
- Agnes Murugi Mwangi v Barclays Bank of Kenya Limited [2013] eKLR
- Geoffrey Kiragu Njogu v Public Service Commission & 2 others [2015] eKLR
- Clement Karuri v Kenya Ports Authority [2018] eKLR
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