[2016] KEELRC 439 (KLR)

[2016] KEELRC 439 (KLR)

The court found that the claimant's contract of employment was terminated on 9th February, 2009, and the claim was filed on 6th May, 2013, more than four years later. Section 90 of the Employment Act, 2007, provides a limitation period of three years for employment-related claims. The court held that it lacked...

Source-derived case information.

Citation
[2016] KEELRC 439 (KLR)
Parties
Claimant: Stephen Amollo; Respondent: Afro Plastics (K) Ltd
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Mombasa
Jurisdiction
Kenya
Case Number
Cause 627 of 2013
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Outcome
claim struck out as time-barred
Judges
J Rika
Legal Topics
Limitation of Actions, Unlawful Termination, Employment Contracts
Source Language
en
Employment and Labour Limitation of Actions Unlawful Termination Employment Contracts

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stephen Amollo

Claimant

Afro Plastics (K) Ltd

Respondent

Procedural Posture

Employment Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the claim is time-barred under Section 90 of the Employment Act.
  2. 2 Whether the court has jurisdiction to entertain a claim filed more than three years after termination of employment.

Ratio Decidendi

The court found that the claimant's contract of employment was terminated on 9th February, 2009, and the claim was filed on 6th May, 2013, more than four years later. Section 90 of the Employment Act, 2007, provides a limitation period of three years for employment-related claims. The court held that it lacked jurisdiction to entertain a claim filed outside the statutory limitation period. Consequently, the claim was struck out as time-barred.

Court Disposition

claim struck out as time-barred

Orders

  • The claim is hereby struck off.
  • Costs to the Respondent.