RICHARD NYASOKO KIYONDI & 2 OTHERS V BRITISH AMERICAN TOBACCO (KENYA) LIMITED [2013] KEELRC 378 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 378
- Citation
- [2013] KEELRC 378 (KLR)
- Decided
- 3 May 2013
The suit is not statutory barred and the objection regarding non-disclosure of the 67 others and their failure to provide authority to the three named claimants is dismissed. The Preliminary Objection under Section 68 of the Labour Relations Act is also dismissed.
Facts
The Respondent locked out the claimants on February 26, 2006, treating them as casual workers despite their long service. The claimants sought accumulated terminal benefits for 70 of the 104 affected employees.
Issues
- Limitation period for filing the labour dispute
- Disclosure of the 67 others and their authority to bring the suit
- Violation of Section 68 of the Labour Relations Act
Reasoning
The court considers the decision in the Industrial Court of Kenya Cause No.124 of 2010, Gerald Muli Kiilu Vs Barclays Bank of Kenya, and finds that the suit is not barred by the limitation period. The court also finds that the authority provided by the named claimants is sufficient.
Outcome
The suit will proceed on its merits and be allocated a hearing date.
Orders
- The suit is not statutory barred.
- The Preliminary Objection under Section 68 of the Labour Relations Act is dismissed.
Authorities cited
Legislation (4)
- Employment Act
- Limitations of Actions Act
- Industrial Court Act
- Labour Relations Act
Cases cited (1)
- Gerald Muli Kiilu Vs Barclays Bank of Kenya
Loading judgment…