Our Client, then serving as a Financial Controller at DHL Supply Chain Kenya Limited-Kasarani, was terminated from her role on allegedly being in contravention of her employer’s, DHL’s (Respondent), Conflict of Interest policies. This was despite our Client making the necessary disclosures, which were of less risk to the interest of the business. Furthermore, at this stage, the employer did not have any proper policies to address Conflict of Interest, and there were other staff that were engaging in competitive activities that had a higher financial implication towards the commercial interests of the Respondent.
Considering the Respondent’s only conflict-related document provided conflict to be where a staff is engaging in a business that directly competes with the Respondent, then there was no conflict on the Claimant’s part. This resulted in our Client being awarded KES. 3,800,862.56.
Highlight: employers are encouraged to enhance policy structures to ensure that the intended communication (general, procedural or policy-wise) is well written to address its intentions. It is essential to point out that failure to comply with your own policies exposes you as an employer to financial risks.