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

(2014) JELR 103143 (CA)

Court of Appeal  •  Civil Application 93 of 2014  •  25 Jul 2014  •  Kenya

Coram
Daniel Kiio Musinga, Jamila Mohammed, Kathurima M'inoti

Judgement

RULING OF THE COURT

Ms Hellen Nduta Ngugi (the employee), a unionisable member of the respondent, the Banking, Insurance and Finance Union (Kenya), and on whose behalf the respondent is litigating, was at all material times an employee of the applicant, the Co-operative Bank of Kenya Ltd, earning a gross monthly pay of Kshs.81,822.00. She had been employed by the applicant in 2007 as a Graduate Clerk and rose in rank to Accounts Services Officer by April, 2011. On 2nd August, 2011, the employee was dismissed by the applicant after the latter lost Kshs.2,451,856.00 in a fraudulent transaction. The loss was attributed to the employee’s careless performance of duties entrusted to her, after she confirmed the authenticity of signatures to facilitate electronic funds transfer without a call-back to the concerned client as required by the applicant’s procedures.

Before the dismissal, the employee was required to show cause why disciplinary action should not be taken against her. After the dis…

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