[2019] KEELRC 393 (KLR)
The court found that the claimant retired on 7th June 2016 and filed his claim on 20th September 2018, approximately two and a half years after retirement. This period falls within the three-year limitation period prescribed by Section 90 of the Employment Act 2007. Therefore, the claim is not time-barred, and the...
Source-derived case information.
- Citation
- [2019] KEELRC 393 (KLR)
- Parties
- Claimant: Daniel Charo Karani; Respondent: Daniela Malanchini
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Cause 69 of 2018
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- preliminary objection declined
- Judges
- J Rika
- Legal Topics
- Limitation Periods, Terminal Benefits, Employment Termination, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Charo Karani
Claimant
Daniela Malanchini
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the claim is time-barred under Section 90 of the Employment Act.
- 2 Whether the claimant's suit was filed within the statutory limitation period.
Ratio Decidendi
The court found that the claimant retired on 7th June 2016 and filed his claim on 20th September 2018, approximately two and a half years after retirement. This period falls within the three-year limitation period prescribed by Section 90 of the Employment Act 2007. Therefore, the claim is not time-barred, and the preliminary objection lacks merit.
Court Disposition
preliminary objection declined
Orders
- Preliminary objection is declined.
- No order on the costs.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT AT MALINDI
CAUSE NUMBER 69 OF 2018
BETWEEN
DANIEL CHARO KARANI.......................................................CLAIMANT
VERSUS
DANIELA MALANCHINI....................................................RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
P.G. Kaingu & Co. Advocates for the Claimant
Respondent in Person
__________________
RULING
1. The Claimant filed his statement of Claim on 20th September 2018. He states, he was employed by the Respondent as a Room Steward, in 1998. He retired on 7th June 2016. He states, he was not paid terminal benefits which include notice pay, annual leave pay, public holiday pay, gratuity, unpaid salary and overtime pay.
2. The Respondent filed Notice of Preliminary Objection on 1st November 2018, which states, the Claim is time-barred under Section 90 of the Employment Act.
3. The Objection was scheduled to be heard on 26th June 2019. Parties informed the Court on this date that they had agreed to have the Objection considered and determined on the strength of Written Submissions.
4. They were allowed 14 days each, to file and exchange Submissions.
5. By the time of preparing this Ruling, 60 days after the orders of 26th June 2019 issued, no Submissions have been filed.
6. The Court notes that it is the common position of the Parties, that the Claimant retired voluntarily, on 7th March 2016.
7. He lodged his Claim on 20th September 2018, approximately 2½ years after retirement.
8. The Claim was filed within the time limit prescribed under Section 90 of the Employment Act 2007.
IT IS ORDRED:-
a) Preliminary Objection is declined.
b) No Order on the costs.
c) Parties to comply with Rule 15 of the E&LRC (Procedure) Rules 2016, and endeavor to schedule the Claim for hearing.
Dated and delivered at Mombasa this 31st day of October 2019.
James Rika
Judge