The Kenya Commercial Bank has gone to court in an attempt to have an order keeping it from paying the management bonuses lifted. The bank argues the court order is affecting regional employees who are not involved in the dispute.
The move comes after the Employment and Labour Relations Court stopped KCB from paying its staff bonuses in five countries where it operated. However, KCB has argued the court does not have jurisdiction over its staff in its other countries of operation such as Rwanda, Southern Sudan, Rwanda, and Burundi.
The bank has blamed the union for misleading the court when it was given the orders.
“The ex-parte orders issued on March 20, 2018, affects the management staff of the KCB Group in different countries and/or jurisdictions constituting of 2,279 employees whose performance has been evaluated in line with the respective banks’ policy […] and more so they are not a party to this suit,” KCB said in its affidavit.
KCB also said the March salaries have also been tabulated including the bonuses and the court order will negatively impact its operations and reduce the motivation of the affected employees.
“Only non-unionised employees were appraised since the court had issued orders in August suspending evaluation of the union members. The bank, therefore, says the union has no mandate to interfere with the benefits of staff who are not their members,” Galgallo Fayo stated in an article.
Justice Hellen Wasilwa ruled the matter as urgent and asked the bank to serve the union. The hearing is set for 9 April.