Banking, Insurance & Finance Union (Kenya) v Co-Operative Bank Of Kenya Ltd [2015] KEELRC 1051 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1051
- Citation
- [2015] KEELRC 1051 (KLR)
- Decided
- 19 May 2015
Summary at a glance
Facts
The grievant, Samuel C Njoroge, was employed as a Graduate Clerk by the Respondent, Co-Operative Bank of Kenya Ltd, from June 2010. He was dismissed on December 21, 2013, for alleged cash shortage of Kshs. 531,000. The grievant reported the matter to the minister and filed an appeal, but no response was received.
Issues
- Whether the summary dismissal was fair or not
- Whether the remedies sought can be granted
Reasoning
The Court determined that the grievant reported the shortage to his supervisor on 11th December 2012 and that the employer's claim of a surprise check on 13th December 2012 was not supported by evidence. The Court found that the employer failed to demonstrate that the shortage was running from 12 November 2012 up until the surprise check on 13th December 2012.
Outcome
The Court found in favor of the grievant, Samuel C Njoroge, and ordered the reinstatement of his employment.
Orders
- Reinstatement of Samuel C Njoroge's employment
Remedies
- Reinstatement of Samuel C Njoroge's employment
Authorities cited
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