[2016] KEELRC 953 (KLR)
The court found that the claimant's employment was terminated in either February or April 2012, but the suit was filed on 4th September 2015, beyond the three-year limitation period prescribed by section 90 of the Employment Act, 2007. As a result, the claim was time-barred and could not be entertained by the court....
Source-derived case information.
- Citation
- [2016] KEELRC 953 (KLR)
- Parties
- Claimant: Dennis Kinyua Guandaru; Respondent: Poly Pipes Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 150 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed as time-barred
- Judges
- B Ongaya
- Legal Topics
- Limitation of Actions, Unlawful Termination, Salary Arrears, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Kinyua Guandaru
Claimant
Poly Pipes Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's suit was filed within the statutory limitation period under the Employment Act, 2007.
- 2 Whether the claimant was entitled to salary arrears, allowances, leave days, and compensation for alleged unlawful termination.
Ratio Decidendi
The court found that the claimant's employment was terminated in either February or April 2012, but the suit was filed on 4th September 2015, beyond the three-year limitation period prescribed by section 90 of the Employment Act, 2007. As a result, the claim was time-barred and could not be entertained by the court. The absence of the respondent did not affect the application of the statutory limitation period. Consequently, the claim was dismissed with no order as to costs.
Court Disposition
claim dismissed as time-barred
Orders
- The claimant’s memorandum of claim filed on 04.09.2015 is dismissed with no orders on costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 150 OF 2015
DENNIS KINYUA GUANDARU.....................................CLAIMANT
VERSUS
POLY PIPES LIMITED........................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday, 15th July, 2016)
JUDGMENT
The claimant filed the memorandum of claim on 04. 09. 2015 through Karweru & Company Advocates. The claimant prayed for judgment against the respondent for:
Salary arrears of 8 months at Kshs. 47, 000. 00 making Kshs. 376, 000. 00.
Travel and subsistence allowance for one month Kshs. 20, 000. 00.
Leave days for 4 years Kshs. 150, 400. 00.
One year pay for unlawful termination Kshs. 564, 000. 00.
Total Kshs. 1, 110, 400. 00.
Despite service the respondent did not file a response or attend at the hearing. The hearing proceeded ex-parte.
In the course of employment the claimant testified that he suffered serious frustrations including failure by the respondent to pay salaries and denial by the respondent for the claimant to sell respondent’s goods on credit so that the claimant lost most of his clients. By February 2012 the claimant testified that he had gone without salary for 8 months. Thus, he was forced out of employment by way of resignation in view of the frustrations and the impossible job environment.
At paragraph 3 of the memorandum of claim the claimant has pleaded that the termination was in April 2012.
The court has considered the material on record that the claimant’s employment was terminated in April 2012 as pleaded or February 2012 as testified. The suit was filed on 04. 09. 2015. The court returns that the suit was time barred under section 90 of the Employment Act, 2007 which prescribes 3 years of limitation of suits founded on the contract of employment. As the respondent never appeared, there will be no orders on costs.
In conclusion the claimant’s memorandum of claim filed on 04. 09. 2015 is hereby dismissed with no orders on costs.
Signed, datedanddeliveredin court atNyerithisFriday, 15th July, 2016.
BYRAM ONGAYA
JUDGE