Moses Kimani Njaramba v Chuna Housing Co-Operative Society [2014] KEELRC 387 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 387
- Citation
- [2014] KEELRC 387 (KLR)
- Decided
- 8 July 2014
Summary at a glance
TypeIndustrial DisputePostureAppeal from a decision of the Co-operative TribunalCoramJames Rika
The Court finds that the Industrial Court does not have the power to vary the time limits under Section 90 of the Employment Act 2007.
Facts
The claimant filed a claim for unlawful termination in the Co-operative Tribunal in August 2011, but withdrew it in February 2014. The 3-year time limit under the Employment Act 2007 had already lapsed at the time of withdrawal.
Issues
- Whether the Industrial Court has the power to vary the time limits under Section 90 of the Employment Act 2007.
- Whether the Applicant's representation by Mandala & Co. Advocates at the Tribunal was a valid reason to file the claim in the Tribunal.
Reasoning
The Court explains that no law allows the Industrial Court to alter the mandatory time limit prescribed under Section 90 of the Employment Act 2007.
Outcome
The Application is dismissed, with no order on the costs.
Authorities cited
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