Darius Kiseu Mwamburi v Co-operative Bank of Kenya Ltd [2021] KEELRC 611 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 611
- Citation
- [2021] KEELRC 611 (KLR)
- Decided
- 29 October 2021
Summary at a glance
The Court found that the termination of the Claimant's employment was procedurally fair but substantively unfair.
Facts
The Claimant was employed by the Respondent from February 1992 to February 2016. The Respondent terminated his employment on February 23, 2016, without just cause.
Issues
- Whether the termination of Claimant’s employment was procedurally fair.
- Whether the termination of Claimant’s employment was substantively fair.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The Court held that the Respondent did not provide a fair procedure for the termination, as the Claimant was not given a chance to be accompanied by a representative during the disciplinary hearing.
Outcome
The Court found the termination procedurally fair but substantively unfair, and dismissed the Claimant's substantive claims.
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