Banking, Insurance & Finance Union (Kenya) v Capital Sacco Society Limited [2015] KEELRC 502 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 502
- Citation
- [2015] KEELRC 502 (KLR)
- Decided
- 25 September 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureClaimant Union v Respondent Sacco SocietyCoramBYRAM ONGAYA
Holding
The court found the grievant's dismissal procedurally and substantively wrongful and unfair.
Facts
The grievant, Joy Dina Mukiri, was employed by the respondent, Capital Sacco Society Limited, as a clerical officer from September 1, 2006. She was accused of issuing a fraudulent loan of Kshs. 30,000 to Purity Ntinyari Gituma on February 4, 2014.
Issues
- Substantive and procedural fairness of the grievant's dismissal
- Reinstatement and compensation for the grievant
- Exemplary damages
Reasoning
The court found the grievant's dismissal procedurally and substantively wrongful and unfair due to the lack of relevant loan forms, poor cash flow justification, and failure to assess the loan.
Outcome
The court dismissed the respondent's defense and ordered the grievant's reinstatement and compensation.
Orders
- Reinstatement of the grievant to her position without loss of benefits or break in service
- Payment of all salaries from the date of dismissal to the date of judgment
- Payment of 12 months compensation for unfair dismissal
- Payment of Kshs. 3,000,000.00 for loss of gains as exemplary damages
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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