Simon Ongati Kombo v SBM Bank (Kenya) Limited & another [2021] KEELRC 1014 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1014
- Citation
- [2021] KEELRC 1014 (KLR)
Summary at a glance
TypeEmployment DisputePosturePetition for Declaration and Damages
The summary dismissal of the petitioner was both lawful and fair.
Facts
The petitioner was employed by SBM Bank on January 28, 2019, on a 6-month probation. He was summarily dismissed on July 22, 2019, for gross misconduct. The petitioner absented himself from work for 32 days without permission and provided incorrect account details to a customer.
Issues
- Whether the petitioner was unlawfully and unfairly summarily dismissed
- Whether the petitioner's human rights and fundamental freedoms were violated
- What remedies, if any, the petitioner is entitled to
Reasoning
The Court found that the petitioner did not meet the probationary conditions and absented himself from work without permission. The 1st respondent provided the petitioner with a disciplinary process and notice, and the dismissal was within the probationary period.
Outcome
The petition is dismissed.
Authorities cited
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