Otieno v National Bank of Kenya Ltd (Cause 2464 of 2016) [2022] KEELRC 107 (KLR) (8 June 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 107
- Citation
- [2022] KEELRC 107 (KLR)
- Decided
- 8 June 2022
The court found that the Claimant did not have a cause of action against the Respondent and that the VER Programme was lawful and procedural.
Facts
The Claimant, Lynette Akinyi Otieno, was employed by the Respondent, National Bank of Kenya Ltd, as a clerk typist. She was promoted to various positions, including Executive Assistant Grade MG9, with a monthly salary of Kshs. 285,274. The Respondent introduced a Voluntary Early Retirement (VER) programme in February 2014, offering certain benefits to employees exiting the bank. The Claimant applied for and accepted the VER programme.
Issues
- Whether the Claimant had a cause of action against the Respondent.
- Whether the Claimant was discriminated against by the Respondent.
- Whether the VER Programme was lawful and procedural.
- What reliefs the Claimant is entitled to if any.
Reasoning
The court determined that the Claimant voluntarily accepted the terms of the VER Programme and did not demonstrate undue influence or coercion. The court held that the parties voluntarily agreed on the terms of the VER Programme.
Outcome
The court dismissed the Claimant's claims.
Authorities cited
Cases cited (4)
- State of Punjab & others v Dhanjit Singh Sandu
- Rafosthan State Industrial Development and Investment Corporation and Another vs. Diamond and Gem Development corporation Limited and Another
- Krystaline Salt Limited v Kweiwe Mwalele
- Attorney General of Belize v Belize Telcom limited
Loading judgment…