Court awards ex-bank manager Sh4.3m for unlawful sacking

The Employment and Labour Relations Court has ordered the National Bank of Kenya to pay its former senior manager Sh4 million for wrongful dismissal.

Nakuru judge David Nderitu awarded Japhet Rotich Sh4,380,192 for wrongful sacking on May 12, 2021.

Justice Nderitu noted the bank had a predetermined and fixed mind in terminating Rotich’s employment.

“The process of terminating the claimant’s (Rotich) employment was unfair, and the respondent (bank) took his appeal casually, concluding it in a day,” ruled Nderitu.

Rotich, employed on October 14, 2013, was fired after he was accused of sharing confidential information with a client through WhatsApp, thereby allegedly exposing the bank to reputation risks.

He was also accused of conducting himself unprofessionally while dealing with a client who wanted to apply for a loan from the bank.

However, Justice Nderitu ruled that evidence showed that the information Rotich shared with the client was not confidential.

“The court notes that information shared with the client directed her to supply the bank with more details to be able to get a loan. That is not confidential information,” he ruled.

“No rules prevented the claimant from contacting a client through WhatsApp. The bank has not supplied the court with evidence showing what he shared was confidential,” he added.

Nderitu further ruled that there was no evidence justifying Rotich’s sacking.