The Employment and Labour Relations Court has upheld the firing of a former personal assistant to the chief executive of Stanbic Bank four years ago for failing to secure her boss’s visa to travel for the Christmas holiday.
The court agreed with the lender that the sacking of Jacinta Wambua in 2018 was lawful because she was negligent in her duties.
Regional CEO Greg Brackenridge was scheduled to travel to the Czech Republic with his family for the December 2017 holidays and had paid for accommodation. He could not make it after failing to secure the visa.
“The claimant neglected to perform a duty she was bound to perform much to the inconvenience and financial loss of the chief executive. She did not offer any apologies but instead blamed the chief executive that he did not supply her with the relevant documents on time,” said Justice Anna Mwaure.
Ms Wambua accused the bank of unlawful and unfair termination. She had worked for the CEO for nine years, earning a salary of Sh251,250 and said she had never had any disciplinary matters.
She further accused the former employer of conducting an unlawful and irregular disciplinary proceeding in February 2018 before firing her.
The court heard that Ms Wambua joined the bank as a receptionist and was promoted over the years eventually becoming the PA to the regional CEO.
She argued that the trip was personal and not part of her job description and that she was given documents on December 11, 2017, to process visas and tried to get visas for Malta and Germany.
Ms Wambua said if she was given enough time, she would have processed the visa to the Czech Republic as directed.
She blamed Mr Brackenridge for not providing the required documents within the expected time. The former PA believed the decision to fire her was made by Mr Brackenridge and the disciplinary process was a smokescreen and intended to rubber stamp the dismissal.
The bank defended the sacking saying she was legally and fairly terminated following acts on her part, which constituted gross misconduct.
Further, she was given a fair disciplinary hearing as required by the contract and the Employment Act.
After failing to travel for the holiday, the CEO wrote to the head of human capital complaining that the PA had failed to manage his diary.
She was then issued with a notice to show cause and invited to a disciplinary hearing but her response was found to be unsatisfactory and was, therefore terminated.
The bank said it had justifiable reasons to terminate her job for willful neglect of her duties as the assignment in question fell within her job description.
Justice Mwaure agreed with the lender saying there is no evidence for the delay from November 10, 2017, to December 11, 2017.
