Introduction
In Adhiambo -Vs- Bank of Africa Kenya Limited, the Employment and Labour Relations Court considered whether an employee was lawfully terminated on the basis of misrepresentation at the point of recruitment. Adhiambo had been employed by the respondent bank as a Branch Customer Service Manager. At some stage during her employment, routine verification revealed discrepancies between her curriculum vitae and her certificate of service from a previous employer, specifically, her claimed prior managerial experience did not align with what was shown in the official documentation.
In the Court
The bank in its defence, argued that when they were recruiting for the post of Branch Manager, the former employee had presented them with documents falsely stating that she had worked in a managerial position as Branch Operations Manager for her immediate former employer. This is a claim that she made even during her interviews and in her declaration which stated that all the information she had given during the recruitment process was truthful. The bank later discovered that although she had worked for a previous employer as an operations manager for a few months, the employer had downgraded her to an operations officer, a post which she held until she applied for the job at Bank of Africa. It was the Bank’s position that this discovery laid the basis for her termination.
Justice James Rika of the Employment and Labour Relations Court agreed with the bank, and held that employment relationships are founded on trust and confidence, and that honesty at the time of recruitment is fundamental to that relationship. The court emphasized that An employer is entitled to rely on representations made by an employee at the time of hiring regarding their qualifications, experience, or fitness for the role. It stated that where it is established that an employee misrepresented material aspects of her credentials, such dishonesty constitutes a repudiatory breach of the contract of employment and justifies termination for fair and valid substantive reasons.
Conclusion
The Court’s decision in Adhiambo -Vs- Bank of Africa Kenya Limited reinforces the following principles:
- Honesty at recruitment is non-negotiable: False or misleading information in job applications, particularly about qualifications, experience, or managerial capacity can justify dismissal absent other procedural flaws.
- Breach of trust affects substantive fairness: Where the employment relationship depends on trust, as in banking and other regulated sectors, dishonesty in onboarding is a substantive ground for lawful termination.
- Employers retain the right to verify credentials: Routine verification exercises may uncover dishonesty that justifies disciplinary action up to and including dismissal.
