Banking, Insurance and Finance Union v Barclays Bank of Kenya Limited [2017] KEELRC 58 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 58
- Citation
- [2017] KEELRC 58 (KLR)
- Decided
- 10 November 2017
Summary at a glance
TypeLabour DisputePostureRespondent opposed, Claimant sought interim ex-parte ordersCoramJustice Hellen S. Wasilwa
The court dismissed the application, finding that the grievant has not proved a prima facie case of irreparable injury and that the bank's staff manual allows for the adjustment of interest rates upon exit from employment.
Facts
James Kyumbua Kiio was employed by Barclays Bank of Kenya Limited from 1993. In 2011, he was offered a housing loan and in 2014, another loan for home improvement. The bank increased the interest rates in 2015, causing overpayment. The grievance is pending on unfair/unlawful termination.
Issues
- overcharging of interest rates
- unfair and unlawful termination of employment
- adjustment of interest rates before termination
Reasoning
The court ruled that the bank's staff manual allows for the adjustment of interest rates upon exit from employment, and the grievant has not shown a probability of success or irreparable injury.
Outcome
Application dismissed
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