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National Bank of Kenya v. Anthony Njue John

(2019) JELR 98550 (CA)

Court of Appeal  •  Civil Appeal 117 of 2017  •  6 Aug 2019  •  Kenya

Coram
Roselyn Naliaka Nambuye, Sankale ole Kantai, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appeal arises from the Judgment of the Employment and Labour Relations Court (ELRC) Nairobi, (Monica Mbaru, J.) dated 22nd February, 2017.

The background to the appeal is that, the respondent joined the appellant’s (the Bank) establishment on 28th September, 1992, as a clerical officer rising through the ranks to the rank of Manager Sales, earning a salary of Kshs. 194,413.00 per month as at 24th June, 2014 when his services were terminated effective 30th April, 2014, for being of unacceptable performance.

The respondent was aggrieved by that termination and filed a statement of claim dated 4th August, 2014, contending that termination of his employment was malicious, whose particulars were given inter alia as follows: failing to give either notice for the intended termination or a fair hearing at all; humiliating him by making false accusations of poor performance against him without giving him adequate opportunity to defend himself; terminating his services wi…

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