You cannot fire on suspicion alone: Court orders I-M to pay ex-staffer Sh1.1m
A Kenyan court has ordered I&M Bank to pay a former employee Sh1.1 million after ruling that his dismissal for alleged misconduct was unfair. The judge emphasized that employers cannot terminate staff based on suspicion alone without following proper disciplinary procedures.
Why it matters
The ruling serves as a legal precedent for labor rights, reinforcing the requirement for evidence-based disciplinary actions in the workplace.
The court has warned employers that they cannot fire workers based on suspicion alone, ordering I&M Bank to compensate a former employee after finding it dismissed him without proving he had done anything wrong or following the proper disciplinary process. The ruling highlights the need for employers to have evidence and observe fair procedures before dismissing staff accused of misconduct.
Consequently, I&M Bank has been ordered to pay a former staff Sh1.1 million after a court ruled that it dismissed him without proving misconduct or right procedures.
The Employment and Labour Relations Court ruled that I&M Bank unfairly dismissed a credit analyst accused of improperly accessing a joint US dollar account belonging to one of its directors and the director's spouse.
Justice Ocharo Kebira said the termination of Tom Mongare was unfair, as the bank relied on an incomplete investigation that left critical questions unanswered.
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