A court has faulted Family Bank for dismissing one of its managers without clear performance targets or a fair hearing, in a ruling that reinforces strict procedural safeguards in workplace discipline.

The Employment and Labour Relations Court in Nairobi found that the lender unfairly terminated Kevin Ndungu Kiriga in April 2017, citing underperformance without proving the claim or following due process.

It ruled that the bank failed to show valid grounds for dismissal and ignored mandatory disciplinary procedures required under the law.

“An employee cannot be accused and/or terminated for 'underperforming' duties whose description he has not been given, and key performance indicators of which have not been given in writing by the employer before the job performance commences,” the judge said.

Mr Kiriga joined the bank in June 2013 as an assistant manager earning Sh110,000, before rising to a managerial role with a salary of Sh145,000.

Over time, he was moved across departments, including corporate banking and relationship management, but the court noted his new roles were never backed by written job descriptions or clear performance indicators.

The bank terminated his employment on April 28, 2017, citing “continued underperformance”.

However, the court found that the employer did not provide evidence of key performance indicators or scorecards to justify the claim.

“The respondent did not establish the validity of the alleged reason for terminating the claimant’s employment. There was, therefore, no substantive fairness in terminating the claimant’s employment,” the court ruled.

It also found that the bank breached procedural fairness by failing to issue a show-cause letter or conduct a disciplinary hearing.

Evidence presented in court showed the employee was not allowed to respond to the allegations before dismissal.

“The respondent did not comply with the mandatory procedure and did not give the claimant an opportunity,