Nganyi v National Bank of Kenya Limited (Cause 725 of 2019) [2023] KEELRC 234 (KLR) (2 February 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 234
- Citation
- [2023] KEELRC 234 (KLR)
- Decided
- 2 February 2023
The court found that the Respondent terminated the Claimant's employment without valid reason and in violation of due process.
Facts
The Claimant, Jeritah Nganyi, was employed by the Respondent, National Bank of Kenya Limited, from September 2, 1996, as a clerical and switch board operator. She was later promoted to Senior Clerical Officer. The Claimant was terminated on July 27, 2017, for alleged financial misconduct.
Issues
- Whether the Claimant observed and complied with the terms and conditions of her contract of service.
- Whether the dismissal of the Claimant was lawful.
- Whether the Claimant is entitled to the reliefs sought in the Memorandum of Claim.
- Whether the Respondent is entitled to the reliefs sought in the Memorandum of Response.
Reasoning
The court ruled that the Respondent failed to provide the Claimant with details of the charges against her, hear her representations, and render a decision promptly. The court also found that the Respondent's reasons for termination were not supported by evidence.
Outcome
The court ordered the Respondent to pay compensation to the Claimant for unlawful termination.
Orders
- The Respondent is ordered to pay compensation to the Claimant for unlawful termination.
Remedies
- Compensation for unlawful termination.
Authorities cited
Legislation (1)
- Employment Act
Cases cited (1)
- Chairman Board of Directors (National Water Conservation and Pipeline Corporation) v Meshack M. Saboke & 2 others [2019] eKLR
Loading judgment…