Banking, Insurance & Finance Union (Kenya) v Cooperative Bank of Kenya Limited [2018] KEELRC 2374 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2374
- Citation
- [2018] KEELRC 2374 (KLR)
- Decided
- 16 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramRika
Holding
The Court found the dismissal unlawful and unfair, and ordered reinstatement without loss of benefits.
Facts
The Grievant, Judy Wambani Wamalwa, was dismissed by Cooperative Bank of Kenya on May 17, 2013, for alleged theft of Kshs. 32,701,093. She was charged with conspiracy to defraud and suspended. She was acquitted of the charges on July 14, 2014, but the bank did not reinstate her.
Issues
- Whether the Grievant's dismissal was lawful and fair
- Whether the Grievant is entitled to reinstatement and back salaries
Reasoning
The Court held that the bank had not provided a valid reason for the dismissal under Section 43 of the Employment Act, 2007, and that the Grievant's actions were justified as a whistleblower.
Outcome
Reinstatement without loss of benefits or break in years of service
Orders
- Reinstatement without loss of benefits or break in years of service
Remedies
- Back salaries and allowances
- 12 months' salary in compensation for unlawful dismissal
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (1)
- Paul Waigiri Muriuki Vs Nairobi Water and Sewerage Company Ltd [2015] eKLR
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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