Odek v Co-operative Bank Limited (K) (Cause E015 of 2020) [2022] KEELRC 1430 (KLR) (23 June 2022) (Judgment)

Facts

The Claimant, Erick Oloo Odek, was an employee of the Respondent, Co-operative Bank Limited (K), from April 2007. He was terminated on July 6, 2018, on the grounds of processing a personal loan for a customer, Caroline Akoth, which the bank claimed exposed it to potential losses.

Issues

1. Whether the Claimant was terminated unfairly
2. Whether the Claimant is entitled to the remedies sought
3. Whether the Respondent is entitled to the Counter-Claim

Reasoning

The court held that the termination was unfair because the employer did not adhere to the principles of fair hearing, including notification, a hearing, and a right to representation.

Outcome

The court declared the termination unfair and ordered the Respondent to pay the Claimant two months' salary in lieu of termination notice, salaries withheld from the day of suspension to the date of termination, and compensation for unfair termination.

Authorities cited