Caroline Akumu Nyadiero v Barclays Bank of Kenya Limited [2018] KEELRC 2074 (KLR)
The bottom line
#Kenya's Employment Court upheld a bank employee's dismissal after she signed a fraudulent medical scheme admission form to get her brother treated at the employer's expense.
What this practically means
#Executive summary
#Key legal issues
#Validity and fairness of the reason for termination
The reason for termination - fraudulent admission and misuse of the employer's medical scheme - was valid and fair.
The court compared the claimant's signatures on the admission form of 9.8.2014 with her signatures on other documents and was satisfied she signed the form, which contained false information about the patient's identity and relationship to her, intended to have her brother treated at the employer's expense. That conduct amounted to fraud, justifying termination under sections 45(2)(b) and 44(4)(g) of the Employment Act.
Relief for the claimant
No relief granted; the suit was dismissed as the termination was justified and terminal dues were applied to offset her loans.
The respondent admitted terminal dues of Kshs.146,287 (one month salary in lieu of notice plus two days' salary), which were applied to the claimant's outstanding loan balance. The claimant admitted the outstanding loans and did not invite the court to determine the balance outstanding after the auction of her car and house.
Legal principles established
#- A reason for terminating employment is fair under section 45(2)(b) of the Employment Act if it relates to the employee's conduct, capacity or compatibility or the employer's operational requirements.
- An employer may dismiss an employee who commits, or on reasonable and sufficient grounds is suspected of committing, a criminal offence against the employer or the employer's property (section 44(4)(g) of the Employment Act).
Court orders
#- 1.Suit dismissed with no order as to costs
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court over unfair termination claims (Employment Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Caroline Akumu Nyadiero v Barclays Bank of Kenya Limited [2018] KEELRC 2074 (KLR)", Case Analysis (2018). Cause No 615 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2074/eng@2018-04-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.