ABSA Bank
Thomas Mwangi
ABSA Bank has been directed to compensate Thomas Mwangi, a former employee, with a sum exceeding Sh7.8 million due to allegations of unauthorized surveillance against his former manager and wrongful termination.
The order was issued by the Employment and Labour Relations Court Judge Monica Mbaru ruled that the lender violated the right to privacy of Thomas Mwangi, a former Mombasa branch manager.
In his ruling, Judge said Mwangi was a senior employee of the Absa and whatever conduct he engaged in after office or work hours, was contrary to his letter of appointment and workplace policy.
Furthermore, the court said engaging a private investigator and then failing to bring such matters to him to address as an employee was not justified.
“His constitutional rights under Article 31 were breached by the Absa Bank,” the Employment and Labour Relations Court Judge ruled.
The court also ruled that there was a violation of constitutional rights and awarded him general damages of Sh5 million, unpaid bonuses for the year 2022 of Sh.2.3 million, notice instead of Sh647,218 and unpaid salary increments at 13 percent from January 2023 to May 2023 amounting to Sh.373,294.
The court condemned Absa’s conduct leading into the investigations of the Mwangi’s private life in the context of matters ongoing at the workplace as not justified. No basis was given for such conduct.
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The judge observed that even in employment, the protection of the employee’s privacy is imperative.
“Where there is a breach of an employee’s privacy, an employer cannot justify a position that the court lacks jurisdiction and then fail to address where there was a need to collect personal data and information unrelated to the employment,” said the judge.
Mwangi sued the former employer after he was fired over claims that he was involved in irregular and unauthorized overdraft facilities advanced to some customers at the Nkrumah Road branch.
He told the court that he was suspended for 30 days, which was later extended for another 30 days.
On 2 May 2023, Mwangi was issued with a notice to show cause why his employment should not be terminated on the grounds that following his suspension, there was an investigation finding that there were irregular and unauthorized overdraft facilities advanced to bank customers under his leadership.
He was accused of violating the bank policies and procedures by engaging in irregular lending for two separate customers INO Safinah Petroleum and DM Kanyi.