[2014] KEELRC 677 (KLR)
The court found that the claimant's contract was terminated on 11th February 2009, but the claim was filed on 4th September 2012, which is beyond the three-year limitation period set by Section 90 of the Employment Act 2007. The court held that it had no jurisdiction to entertain the claim as it was time barred. The...
Source-derived case information.
- Citation
- [2014] KEELRC 677 (KLR)
- Parties
- Claimant: Sally Dunn; Respondent: Patricia Jentz, Chairperson; Susan Linee, Vice Chairperson; Dr. Marla Stone, Honorary Secretary; Peter Brice, Honorary Treasurer (on behalf of Kenya Museum Society)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1553 of 2012
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- claim struck out as time barred
- Legal Topics
- Limitation of Actions, Employment Contracts, Termination of Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sally Dunn
Claimant
Patricia Jentz, Chairperson; Susan Linee, Vice Chairperson; Dr. Marla Stone, Honorary Secretary; Peter Brice, Honorary Treasurer (on behalf of Kenya Museum Society)
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the claim was filed within the limitation period prescribed by Section 90 of the Employment Act 2007.
- 2 Whether the court has jurisdiction to entertain a claim filed outside the statutory limitation period.
Ratio Decidendi
The court found that the claimant's contract was terminated on 11th February 2009, but the claim was filed on 4th September 2012, which is beyond the three-year limitation period set by Section 90 of the Employment Act 2007. The court held that it had no jurisdiction to entertain the claim as it was time barred. The only lawful order was to uphold the preliminary objection and strike out the claim.
Court Disposition
claim struck out as time barred
Orders
- The preliminary objection is upheld.
- The claim filed by Sally Dunn is struck out.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT NAIROBI
CAUSE NUMBER 1553 OF 2012
BETWEEN
SALLY DUNN………………………………………………………………………………………. CLAIMANT
VERSUS
PATRICIA JENTZ, CHAIRPERSON
SUSAN LINEE, VICE CHAIRPERSON
DR. MARLA STONE, HONORARY SECRETARY
PETER BRICE, HONORARY TREASURER
[Sued on behalf and as Officials of the
Kenya Museum Society]………………………………………………………………….RESPONDENTS
RULING
The Respondents filed a Notice of Preliminary Objection on 15th November 2012. The challenge is based on Section 90 of the Employment Act 2007. The Claimant was an employee of the Respondents. She worked as an Office Manager. She held several fixed term contracts from April 1998 to February 2009. The last of these, which is the subject of the Claim, was to run between 1st January 2008 and 31st December 2009. It was terminated prematurely, at the initiative of Respondents, on 11th February 2009. The Claimant filed her Statement of Claim on 4th September 2012.
This was done in clear contravention of Section 90 of the Employment Act. The Claim and the remedies sought are time barred. The Court finds it can be of no assistance to the Claimant. She ought to reconsider the offer made by the Respondent for terminal benefits. The hands of the Court are tied. The only order the law allows the Court to make in the circumstances, is an Order upholding the preliminary challenge. The Claim filed by Sally Dunn is hereby struck out, with no order on the costs.
Dated and delivered at Nairobi this 17th day of January 2014
James Rika
Judge