In a significant ruling, the Employment and Labour Relations Court has upheld the dismissal of Christian Basil Ogola, the former head of technical operations at Sanlam General Insurance Limited, citing negligence in his duties.
The Case Against Ogola
Mr. Ogola was dismissed in October 2022 for alleged negligence in handling a tender from Kenya Electricity Generating Company (KenGen). The court found that his actions exposed Sanlam to potential litigation and reputational damage.
Key Allegations
- Unauthorized Discounting: Mr. Ogola issued a substantial discount on the KenGen tender without obtaining approval from Sanlam’s Central Underwriting Team, leading to the termination of the deal.
- Mishandling of Insurance Salvage: He was also reprimanded for improperly managing a write-off claim on a Mercedes Benz vehicle, which had been covered by the insurer for a year starting September 30, 2021.
Court’s Findings
Justice Stella Rutto concluded that Sanlam had valid grounds for initiating disciplinary action against Mr. Ogola. The court emphasized that he was duly informed of the allegations and given an opportunity to respond. Consequently, the termination was deemed neither unfair nor unlawful.
Implications for the Insurance Industry
This ruling underscores the critical importance of adhering to internal protocols and obtaining necessary approvals in the insurance sector. It serves as a cautionary tale for professionals in the industry about the potential consequences of negligence in their duties.
