FELICIA AYIM vs. ABSA BANK

RULING Introduction The Complainant filed a case of unfair termination of contract of employment against her employer, ABSA Bank on 13th June, 2023. The matter went through facilitation and attempt to settle failed and so both parties opted for summary trial before the Commission. The matter was as a result, put before the Commission for summary trial. After a preliminary hearing of the case, parties were directed by the Commission to file their final written submissions which they complied with and case referred for judgment conference, hence this ruling. Complainant's case: The complainant per the Union submitted that: 1. The Complainant was employed in 2007 and she worked with the respondent for 15 years. 2. In October, 2022 she was issued a first warning because she was not meeting her set performance targets so she was given two months to improve upon her performance. 3. In December, 2022 she was issued a final warning to improve her performance. 4. Subsequentl...