Banking, Insurance & Finance Union (K) v Co-operative Bank of Kenya [2019] KEELRC 1794 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1794
- Citation
- [2019] KEELRC 1794 (KLR)
- Decided
- 25 March 2019
Summary at a glance
TypeLabor DisputePostureAppeal from a previous decisionCoramNzioki wa Makau, Radido Stephen
The dismissal was lawful and wrongful, and the claim is dismissed with each party bearing their own costs.
Facts
The Grievant Walter Opinde was dismissed by the Respondent Co-operative Bank of Kenya for embezzlement of Kshs. 350,000/-, despite the Respondent not allowing him to appear before the disciplinary panel with a union official or shopsteward.
Issues
- Whether the dismissal was lawful and wrongful
- Whether the dismissal was discriminatory
Reasoning
The Respondent had cause to terminate the Grievant in terms of Section 44 of the Employment Act due to the fraud on the part of the Grievant and his co-custodian, and the anomaly was not reported after the balances did not tally as required.
Outcome
Dismissal of the claim with each party bearing their own costs
Orders
- Dismissal of the claim
Authorities cited
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