Tolo v Rafiki Microfinance Bank Ltd & another (Cause 630 of 2017) [2023] KEELRC 3356 (KLR) (18 December 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3356
- Citation
- [2023] KEELRC 3356 (KLR)
- Decided
- 18 December 2023
Summary at a glance
TypeWrongful DismissalPostureAppeal from the original trialCoramJK GAKERI
The Court held that the termination of the Claimant’s employment was procedurally fair and that the Respondent had a valid reason for the termination.
Facts
The Claimant was employed by the Respondent in business development. He was summoned to Nairobi for a face-to-face meeting on 21st April, 2015, but the meeting did not take place. The Claimant received a termination letter on the same day, which he refused to sign and was given the option to resign.
Issues
- Whether termination of the Claimant’s employment on account of poor performance was lawful and fair.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The Court found that the Respondent had a valid reason for the termination based on the Claimant's poor performance, as evidenced by the performance management system and the documented counseling sessions and warnings.
Outcome
The Court dismissed the Claimant's claims.
Authorities cited
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