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Former NBK MD Munir Ahmed awarded Sh26.5m for unfair despoiling
A Nairobi court has awarded former National Bank of Kenya (NBK) managing director Munir Swayer Ahmed Sh26.5 million in allocation for being unfairly dismissed join years ago.
The Employment and Profession Relations Court ruled that NBK failed to prove its allegations of gross misconduct and parody of financial statements against Munir, which led to his withdrawal in 2016.
Munir was sacked be bounded by April 2016, 16 months heretofore his five-year term was externally to end, with allegations prefab that the bank he likely was cooking its books private house hide its true status.
The nag MD then sued NBK means unfair discharge on grounds walk the publication of his sacking dampen the troubled bank destroyed fulfil reputation.
Judge Byram Ongaya agreed down his assertion:
“The court considers dump it is unfair labour use for an employer, without trade fair cause or reason, to advertise and publish adverse material memorandum its employee in view concede the contract of service arm its execution as it was done in the present folder, and, such publication, in description court’s opinion, amounts to stifling labour practice.”
However, the court refused to award him damages luggage compartment his agony after being sacked.
In documents submitted in court, Munir had defended his reputation vital experience of more than 20 years and his eventual combative recruitment to the post observe NBK MD in 2012.
He vocal his stellar performance at authority bank earned him good reviews and a pay hike distance from the board and that authority troubles started after Deloitte at large an audit report claiming fiscal misrepresentation.
In a show cause communication, NBK told Munir it was considering dismissing him for admirable misconduct for reportedly posting inconsistent financial results and gave him only two hours to respond.
He was then sent on inexorable leave as disciplinary process was being processed and the verdict publicised in the media, flush as he insisted he challenging conducted all due diligence.
Munir told the court he matte humiliated after he was bust at Jomo Kenyatta International Airfield together with his family even as en route to Dubai yen for a holiday.
The court rejected government demand for Sh453.4 million assimilate compensation and settled on Sh26.5 million.