Termination of Employment Law put on the dock

The Recent decision of Mukiite v Barclays Bank of Kenya provids the perfect opportunity to muse over the law of summary dismissal/ termination. In inviting us to a blow by blow account of the developments in this area of law, LawAfricas Charles Kanjama asserts that one cannot help sympathizing with the long serving employee who wakes up one morning to find herself/ himself summarily and even callously out on the street. Yet on the other hand the freedom to contract must he held sacrosant. Is the protection granted by the law to such an employee adequate or is the deep pocket employer invariably getting away with it?

The recent High Court decision in Mukiite v Barclays Bank of Kenya is a hefty 59-page judgment that once again attempts to cast light on the shadowy legal principles governing termination of employment. The gravamen of this case was a letter of termination that set out reasons that would amount to gross negligence and entitle the plaintiff to be summarily dismissed. Barclays Bank however decided to reduce the threatened dismissal to a mere termination by payment of one months salary in lieu of notice.


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