Lang'at v First Community Bank Limited (Cause 774 of 2019) [2023] KEELRC 2662 (KLR)
The bottom line
#A Kenyan court upheld a bank employee's dismissal as fair because proper reasons and procedure were followed, but ordered the employer to issue his certificate of service.
What this practically means
#Executive summary
#Key legal issues
#Validity of reasons for termination
The reasons (issuing bouncing cheques, overdrawn staff account and breach of employer's policies) were genuine and valid under section 43 of the Employment Act.
The claimant admitted issuing bouncing cheques to Platinum Credit and failing to fully regularise his overdrawn staff account. Both show-cause letters alleged breach of the respondent's policies. The court found these genuine reasons relating to the claimant's conduct, compatibility and the respondent's operational requirements, satisfying sections 43 and 45 of the Employment Act.
Procedural fairness of the termination
The respondent accorded the claimant due process of notice and hearing under section 41 of the Employment Act.
The claimant received two letters to show cause with time to respond, was invited by letter dated 11.04.2019 to a disciplinary hearing with the right to a staff representative, attended and participated in the hearing on 18.04.2019, and signed the minutes. This satisfied the procedural fairness requirements of section 41 of the Employment Act.
Entitlement to a certificate of service
Despite failing on the substantive claim, the claimant is entitled to a certificate of service under section 51 of the Employment Act.
The court found the claimant failed to establish the reliefs claimed (notice pay and compensation) because the termination was lawful and procedurally fair. However, a certificate of service is a statutory entitlement under section 51 of the Employment Act, and the court ordered its delivery by 15.11.2023.
Legal principles established
#- Termination reasons are genuine and valid where they relate to the employee's conduct, compatibility and the employer's operational requirements under section 45 of the Employment Act
- Due process under section 41 of the Employment Act is satisfied by a notice to show cause and a disciplinary hearing
- An employee is entitled to a certificate of service under section 51 of the Employment Act regardless of the lawfulness of termination
Court orders
#- 1.The respondent to deliver the certificate of service by 15.11.2023
- 2.Each party to bear own costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (sections 41, 43, 45 and 51) and other labour laws
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lang'at v First Community Bank Limited (Cause 774 of 2019) [2023] KEELRC 2662 (KLR)", Case Analysis (2023). Cause No 774 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2662/eng@2023-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.