Boss fired for US$390 theft

committed the offence when he was the acting branch manager for the Centenary outlet.
He was responsible for banking all the money generated at his branch. Gumira counted cash and prepared the banking documents before taking the money for banking. He took with him surplus money.
After banking, the surplus cash was returned, and the bank teller endorsed the amount of the surplus on the deposit slip as US$968.
However, Gumira claimed that upon his return to the branch, he found US$598 in his bag.
He proceeded to cancel the said endorsement on the deposit slip and substituted the amount reflected with US$598.
It is on these facts that Gumira was charged and found guilty of theft of the employer’s property.
He was subsequently fired.
Gumira appealed to the National Employment Council for the commercial sector, which upheld the dismissal.
He challenged the decision at the Labour Court arguing that the chief designated agent erred in making a finding that he stole US$390.
Gumira argued that he was the one who prepared banking documents and physically counted the money before banking.
He also claimed to have balanced his books without surplus being recorded.
However, Labour Court president Mr Godfrey Musariri upheld the NEC decision after noting that there was surplus cash for banking.
“The bank teller endorsed the amount as US$968. Gumira altered the amount to US$598,” said Mr Musariri.
“This created a deficit of US$390. The bank teller saw a surplus which he returned, and took the trouble to endorse the correct amount of the surplus.”
The surplus cash, Mr Musariri said, was indeed in the bag Gumira had used for banking.
The court also found that Gumira’s account of events was rather suspicious since he did the banking himself.
“If the teller erred in counting the surplus cash, why did he not confront him there and then or upon his return to the branch?
“Instead Gumira unilaterally cancelled the amount on the deposit slip without consulting or confronting the author of the endorsement,” said Mr Musariri.
He considered the guilty verdict by the NEC justified, and dismissed Gumira’s appeal.