JUDGMENT OF THE COURT
Article 41(1) of the Constitution guarantees every person the right to fair labour practices. Some of those practices require that in terminating the services of or dismissing an employee, the employer must provide reasons for doing so and ensure the process is fair. An employer may terminate employment or dismiss an employee on the grounds of redundancy, misconduct, poor performance or physical incapacity, fundamental breach of obligations, among others.
The appellant, who had worked for the respondent from 12th March, 1992 and risen from a clerical officer to the position of Senior Cashier, was by a notice dated 9th February, 2012 asked by the respondent to show cause why disciplinary process should not be commenced against her on the grounds that she had allowed her password to be used in the removal of a restraint from an account of a deceased’s client which, in turn, led to the irregular withdrawal of Kshs. 100,000/= from the said account. The appellant respon…