The Applicant avers that he was unfairly dismissed by the Respondent by
way of letter dated 10th May, 2017 which is marked and Exhibited as 16 of
the Applicant’s annexure. The authenticity of the letter is not in dispute and
the Respondent, in terminating the Applicant,
relied on the following
provisions of the Staff Rules and Regulations; Article 63 (3) (h), Article 72
(2) (d) and Article 72 (4). The Court is inclined to set out the
aforementioned provisions for clarity. Article 63 (3) (h) provides that: “A
staff member’s appointment may be terminated without notice…for any
serious offence as defined in Article 72 (2) and (4) of the Staff Regulations.”
Article 72 (2) (d) states that: “The following are offences which when
committed by a staff member shall be punishable by the sanctions set forth
in Article 75 paragraph 2 of the Staff Regulations.” Further, Article 72 (4)
provides that:
a) The gravity of the offence committed shall be assessed in relation to
the circumstances (aggravating or extenuating) surrounding the
events, the personality of the officer concerned and the latter’s
responsibilities, the repetitive nature of the offence, the past conduct
of the officer, the impact of the consequences of the offence on the
integrity, reputation or interests of the Bank, the intentional or nonintentional nature of the offence or the negligence giving rise to it.
b) Any offence may lead to a disciplinary measure which shall be in
proportion to its seriousness.
Having considered the relevant provisions applicable to dismissal, the
Court will now proceed to determine whether the said dismissal was fair. In
doing, so the Court will examine the facts of the Applicants alleged
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