Waiyego v HFC Bank Limited (Cause E008 of 2023) [2024] KEELRC 727 (KLR) (5 April 2024) (Judgment)

Summary at a glance

Facts

The claimant, John Waiyego, was employed by HFC Bank Limited as a Branch Operations Manager at Thika. He was dismissed on 19th April 2022 for gross misconduct. He brought a suit alleging unfair termination and sought general damages, salary due, and 3 months' salary in lieu of notice.

Issues

• Whether the termination was unfair and unlawful.
• Whether the reliefs sought are merited.

Reasoning

The termination was based on the claimant's failure to declare outside business interests, acting in conflict of interest, operating outside business during office hours, and breaching Cash Management Controls. The court found that the employer failed to prove the reason for termination was valid and fair.

Outcome

Claimant's suit for unfair termination and other reliefs is upheld.

Orders

• Dismissal of the respondent's prayer to dismiss the suit with costs.

Remedies

• General damages for unfair termination.
• Salary due and owing.
• 3 months' salary in lieu of notice.

Authorities cited