Peoples’ Bank vs Shelton Anthoney Kahawe – SC/APPEAL/94/2022-2025

The court addressed the issue of whether the termination of employment for misconduct—specifically, intoxication and disruptive behavior while on duty—was justified. It was held that the termination was warranted, with the court reaffirming the principle that findings by a Labour Tribunal regarding misconduct should generally not be disturbed on appellate review except in cases of clear error. This decision relied on the Industrial Disputes Act and relevant judicial precedents, emphasizing that established misconduct on the balance of probabilities constitutes just cause for termination and that appellate intervention in factual findings should be exercised with caution.

S. Thurairaja, PC, J. — The factual background, including the employee’s service record, the incident of intoxicatio