Karanja v KCB Bank Kenya Limited (Cause E020 of 2022) [2023] KEELRC 2483 (KLR) (4 October 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2483
- Citation
- [2023] KEELRC 2483 (KLR)
- Decided
- 4 October 2023
Summary at a glance
TypeConstructive Dismissal and Redundancy DisputePostureAppeal from the original trialCoramM MBARŨ, J
The Court held that the termination of employment was not due to redundancy but rather due to the employer's reorganization of its business. The Court found no evidence of constructive dismissal and thus did not order reinstatement or alternative reliefs.
Facts
The Claimant was employed by KCB Bank Kenya Limited as a senior Relationship Manager and later as a Business Development Manager. She was terminated on account of redundancy on March 1, 2022. The Claimant alleged unfair practices, discrimination, and lack of opportunities during her employment.
Issues
- Whether the declaration of redundancy amounted to constructive dismissal
- Whether the declaration of redundancy was justifiable, unconstitutional, and unfair
- Whether an order of reinstatement should issue
- Whether alternative reliefs should be considered for payment of general damages for discrimination and right to fair administrative action, payment of terminal dues, and compensation for business generated by the claimant and costs
Reasoning
The Court ruled that the employer's reorganization of its business was a valid reason for termination, and the claimant did not provide evidence of intolerable working conditions or constructive dismissal.
Outcome
The Court dismissed the claimant's case and did not order reinstatement or alternative reliefs.
Authorities cited
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