Sylas Othiambo Mandi v Coastal Bottlers Limited [2019] KECA 478 (KLR)
- Court
- Court of Appeal
- Case number
- 478
- Citation
- [2019] KECA 478 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment and order of the Employment and Labour Relations CourtCoramALNASHIR VISRAM, M.K. KOOME, A.K. MURGOR
Holding
The court dismissed the appellant's suit and cross-appeal, finding the claim statute barred and the termination lawful.
Facts
The appellant was employed by the respondent for nine years until September 30, 2008. He claimed service pay, leave allowances, three months' salary in lieu of notice, and overtime pay from 2002 to 30 September 2011.
Issues
- Whether the appellant's employment ended on September 30, 2008
- Whether the appellant's claim was statute barred
- Whether the appellant's termination was lawful and procedural
Reasoning
The court held that the claim was filed more than 5 years after the cause of action arose, thus statute barred. The court also found that the appellant's employment ended on September 30, 2008, and there was no evidence to support his claim of continued employment.
Outcome
Both the appeal and cross appeal were dismissed.
Orders
- Each party to bear their own costs of the appeal and before the ELRC
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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