Thomas Midiwo Warega Ongoro v Hillcrest Investments Limited [2013] KEELRC 3 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 3
- Citation
- [2013] KEELRC 3 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureApplication for stay of proceedings pending arbitrationCoramMATHEWS N. NDUMA
Holding
The court grants leave to proceed with the claim and does not refer the matter to arbitration.
Facts
The Respondent stopped working on 30 January 2013 and filed a Chamber Summons Application seeking a stay of proceedings pending arbitration. The contract of employment includes an arbitration clause.
Issues
- Unlawful and unfair termination of employment
- Infringement of right to human dignity, reputation, and fair labour practice
Reasoning
The court found the arbitration clause inapplicable due to the enactment of the Labour Relations Act and the Industrial Court Act after the contract was signed. The court concluded that it is in the interest of justice to adjudicate the matter.
Outcome
Application dismissed
Orders
- Leave granted to proceed with the claim
Authorities cited
Legislation (3)
- Arbitration Act, 1995
- Industrial Court Act, 2011
- Labour Relations Act, 2007
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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