JUDGMENT OF THE COURT
The respondent filed suit against the appellant in the Industrial court seeking inter alia:-
- A declaration that the claimant’s (respondent’s) dismissal and/or termination of employment was unfair and/or discriminatory in the circumstances.
- Damages for wrongful and/or unfair dismissal.
- An order compelling the respondent (appellant) to issue a certificate of service to the claimant.
It was the respondent’s case that he was employed as an Account Analyst by the appellant on 1st December, 2009. His duties included credit appraisal, customer inquiries and support services to the relations Manager, Elizabeth Wasuna. On 7th September, 2011 the respondent received a call from a colleague by the name Elsie Karanja (Elsie) requesting him to advise the appellant’s client, Martona Tours and Assistance Limited, of its balance in its USD account. Elsie forwarded the email which contained the request to the respondent; the respondent then forwarded the account balance via the same…