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Co-operative Bank of Kenya Ltd v. Banking Insurance & Finance Union

(2016) JELR 103138 (CA)

Court of Appeal  •  Civil Appeal 188 of 2014  •  22 Nov 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The central question in this appeal is whether on 2nd November 2011 the appellant, the Co-operative Bank of Kenya Limited, summarily and lawfully dismissed its employee, Helen Nduta Ngugi (the claimant) or whether the dismissal was unfair and unlawful. On 24th April 2014, the Employment and Labour Relations Court (Marete J.) held that the dismissal was wrongful, unfair and unlawful. By way of remedy the learned judge ordered the appellant to reinstate the claimant and awarded her all her salaries and allowances lost in consequence of the termination, together with the equivalent of 8 months pay as compensation, and costs of the claim.

The appellant was not satisfied by the judgment and after duly lodging a notice of appeal on 28th April 2014, filed this appeal. In the proceedings before the Employment and Labour Relations Court, the claimant, a unionisable member of the Banking, Insurance, Finance Union (the respondent), was represented by the respondent, which had…

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