Waikwa v Absa Bank Kenya PLC (Cause E022 of 2021) [2024] KEELRC 1038 (KLR) (18 April 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1038
- Citation
- [2024] KEELRC 1038 (KLR)
- Decided
- 18 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair and unlawful terminationPostureClaimant accused the respondent of unfair and unlawful termination, and sought damages and compensation. The respondent denied the claim and counterclaimed.CoramON MAKAU
Holding
The termination was found to be unfair and unlawful.
Facts
The claimant was employed by Absa Bank Kenya PLC until March 2, 2021, when she was dismissed. She was promoted to the position of SME Banker Nanyuki Branch earning Kshs.109,661.00 per month.
Issues
- Whether the dismissal was unfair and unlawful.
- Whether the claimant is entitled to the reliefs sought.
- Whether the respondent is entitled to the sum sought by its counterclaim.
Reasoning
The termination letter cited the reason for termination as related to the employee’s conduct, capacity, or compatibility, but the court found that the reasons were not valid and fair.
Outcome
The claimant was awarded damages and compensation for the unfair termination.
Authorities cited
Legislation (2)
- Employment Act, 2007
- Fair Administrative Actions Act, 2025
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…