Banking Insurance and Finance Union (BIFU) v Commercial Bank of Africa Limited [2014] KEELRC 1162 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1162
- Citation
- [2014] KEELRC 1162 (KLR)
- Decided
- 7 July 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent filed preliminary objectionsCoramMbaru J.
Holding
Preliminary objections are rejected
Facts
Claimant filed a claim for unfair declaration of redundancy and violation of the Collecting Bargaining Agreement (CBA) with the respondent regarding underpayments of two grievants, Samuel Kimani Muigai and Shadrack Mburu Wambui.
Issues
- Fixed term contracts
- Time bar of claims predicated upon contracts entered into prior to 2nd January 2010
Reasoning
The court found that the claims are not time barred and that the termination of the grievants was unfair. The court also ruled that the preliminary objections should not be raised improperly.
Outcome
Claimant's claim is allowed
Orders
- Preliminary objections are rejected
Authorities cited
Legislation (2)
- Employment Act
- Limitation of Actions Act
Cases cited (4)
- Ingrid Kivumbi versus Deutsche Gesellschaft Fuer Technische Zumammenarbeit (GTZ) GmbH
- Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers versus Merica Hotels Limited
- Faustino Waigwa Maina versus G$S Security Service (K) Limited
- Mukisa Biscuits Manufacturing Co. Ltd versus Westend Distributors Ltd
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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