More than 100 former employees of the National Bank of Kenya (NBK) have suffered a blow after an application to challenge their retirement in 2014 on grounds of discrimination at the Supreme Court was rejected by the Court of Appeal.
A bench of three judges ruled that the issues raised by the 103 former staff led by Hamida Bana do not go beyond employer-employee relations or circumstances beyond the parties.
Justices Hannah Okwengu, Hellen Omondi and John Mativo further said the interpretation of the case only relates to a particular voluntary early retirement scheme, which the former employees voluntarily subscribed to.
“The grounds set out by the applicants on the face of the motion, the supporting affidavit, and the draft petition, do not reveal any point of law that is a substantial one, the determination of which will have a significant bearing on the public,” the judges said.
The former employees chose voluntary early retirement after the employer issued a circular on February 19, 2014, and asked them to take advantage of the new scheme.
The retirement was open to all employees, below and above 50 years.
But after retiring, the former workers accused the bank of failing to appreciate the effect and binding nature of their agreements, a move that resulted in discriminating against them.
After hearing the case, the Employment court awarded 10 months gross pay to each of them as compensation, two months’ salary in lieu of notice and a further Sh50,000 to some of the employees as severance pay.
The bank appealed against the decision and successfully overturned the decision in December 2017, forcing the former employees, to seek an order to challenge the judgement at the Supreme Court.
They sought to appeal the decision arguing that the court denied them accrued benefits. They further said the intended appeal raises a point of general public importance as well as issues of violation of the Constitution and, therefore, warrant placement before the Supreme Court for consideration.
