Banking, Insurance & Finance Union (Kenya) v Elimu Co-operative Savings & Credit Society Ltd [2014] KEELRC 346 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 346
- Citation
- [2014] KEELRC 346 (KLR)
- Decided
- 30 May 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCollective Labour DisputePostureAppeal from an original trialCoramHON. LADY JUSTICE MAUREEN ONYANGO
Holding
The promotions of the unionisable employees to managerial cadres are declared unlawful, unfair, and void.
Facts
The Claimant Union filed a Memorandum of Claim alleging that the Respondent unlawfully promoted unionisable employees to managerial cadres, violating the parties' recognition agreement and Collective Bargaining Agreement.
Issues
- Unlawful promotion of unionisable employees to managerial cadres
- Violation of the parties' recognition agreement and Collective Bargaining Agreement
Reasoning
The Court found that the promotions were not in accordance with the parties' agreement and were a violation of the Constitution's right to fair labour practices.
Outcome
The Court declared the promotions void and ordered the Respondent to resume deduction of union dues.
Orders
- Promotions declared unlawful and void
- Letters of resignation declared null and void
- Employees deemed union members unless they resign without inducement
- Employees retain salaries and allowances
- Union dues to be resumed from July 2014
Remedies
- Declaration of promotions as void
- Resumption of union dues deduction
Authorities cited
Legislation (1)
- Collective Bargaining Agreement
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.
Loading judgment…