The Industrial Court has upheld a ruling in favour of former PostBank employee Paul Ndhego, (Labour Dispute Appeal 8 of 2020), finding that the bank failed to prove misconduct.
The court declared the dismissal both unlawful and unfair due to breaches of procedural fairness.finding that the bank’s disciplinary process fell short of the standards of procedural fairness required under employment law.
The bank was faulted for violating foundational procedural rights. Specific infractions included failing to provide adequate notice, denying the employee specific particulars of the charges, and restricting access to the investigation report.
The court reiterated that the burden lies squarely on the employer to prove misconduct to a reasonable degree, which the bank failed to do.
Court stressed that employees facing disciplinary action must be clearly informed of the allegations against them. The presiding judge noted that a disciplinary process cannot be considered fair when an employee is left uncertain about the specific accusations they are required to answer.
The court found that PostBank failed to adequately communicate the nature of the case against Ndhego and did not provide sufficient evidence to justify his dismissal. As a result, the bank was unable to establish a valid reason for terminating his employment.
Consequently, the court dismissed PostBank’s appeal and upheld an earlier award of Shs78.9 million in favour of Ndhego. The compensation package covers severance pay, damages for violation of employment rights, compensation for unfair dismissal, and payment in lieu of notice.
The court also ordered PostBank to bear the costs of the appeal, reinforcing the principle that employers must adhere to both substantive and procedural fairness when taking disciplinary action against employees.
