Kaugi v Absa Bank Kenya PLC (Cause E144 of 2022) [2024] KEELRC 1732 (KLR) (9 July 2024) (Judgment)

Facts

Rita Wandia Kaugi was employed by Absa Bank Kenya PLC as a Bank Clerk and later as a Branch Manager for 33 years and 6 months. She was placed on a Performance Accelerator Plan (PAP) in 2020 and 2021 due to non-adherence to policy, lack of headcount, and delayed action on cases. Despite her performance being good until 2018, she was rated as underperforming in 2018 and subsequently terminated.

Issues

1. Whether the Respondent had a performance management and scores rating system.
2. Whether the Claimant was discriminated against by the Respondent.
3. Whether termination of the Claimant’s employment was fair within the meaning of Section 45 of the Employment Act, 2007.
4. Whether the Claimant was entitled to the reliefs sought.

Reasoning

The court acknowledged the existence of the Respondent's performance management and scores rating system but noted that the Claimant's performance issues were not adequately addressed. The court found that the termination was fair and that the Claimant was not discriminated against.

Outcome

Affirmed

Authorities cited