Banking, Insurance & Finance Union (Kenya) v Equity Bank (Kenya) Limited [2018] KEELRC 965 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 965
- Citation
- [2018] KEELRC 965 (KLR)
- Decided
- 12 October 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant union brought suit on behalf of grievant alleging unfair termination and seeking reinstatement and terminal benefits.CoramONESMUS N. MAKAU
Holding
The suit is fatally incompetent as the grievant was never a member of the union and lacks legal capacity to represent him.
Facts
Grievant was employed as a Bank clerk and later became Relation Officer. He was suspended and dismissed for blowing the whistle on theft from Kajiado Branch ATM. He was not a member of the union.
Issues
- Whether the suit is fatally incompetent.
- Whether the grievant was unfairly dismissed.
- Whether the reliefs sought should be granted.
Reasoning
The grievant admitted under oath that he was never a member of the claimant union, stripping the union of legal capacity to represent him.
Outcome
The suit is struck out for being fatally incompetent in law.
Authorities cited
Cases cited (2)
- Kenya Shoe & Workers Union Vs Modern Soap Factory Ltd [2017]eKLR
- Communication Workers’ Union vs Safaricom Ltd [2014]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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