Biko v National Bank of Kenya Limited (Cause 1072 of 2016) [2022] KEELRC 4044 (KLR) (29 September 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 4044
- Citation
- [2022] KEELRC 4044 (KLR)
- Decided
- 29 September 2022
Summary at a glance
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramJAMES RIKA
The dismissal was based on valid reason but flawed procedure, and the Claimant is awarded compensation for unfair termination.
Facts
Claimant was dismissed by Respondent after 9 months in a new position, and was alleged to have failed to ensure the correct position of the Respondent's loan book. He was not involved in approving, disbursing, or collecting loans.
Issues
- Unfair dismissal
- Procedural violations
- Defamation
Reasoning
The dismissal was valid due to gross misconduct, but the procedure was flawed. The Court awarded compensation for unfair termination and interest on the amount.
Outcome
Claimant awarded Kshs. 9,212,500 in compensation for unfair termination.
Orders
- Compensation of Kshs. 9,212,500 for unfair termination
Remedies
- Interest on the compensation at court rates from the date of judgment till payment in full
Authorities cited
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