Kudheiha Workers v Kangema High School [2015] KEELRC 1024 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1024
- Citation
- [2015] KEELRC 1024 (KLR)
- Decided
- 5 June 2015
Summary at a glance
TypeLabor DisputePostureRespondent's preliminary objection on time-barred and barred from claiming gratuityCoramBYRAM ONGAYA
The court finds that the suit was not time barred and that the claimant was not barred from claiming gratuity.
Facts
The claimant filed a suit alleging refusal by the respondent's board of governors to pay terminal benefits for Stephen Mwangi and Samuel Kariuki. The respondent raised a preliminary objection that the suit was time-barred and barred due to the claimants' membership in the National Social Security Fund.
Issues
- Whether the claimant's suit was time barred.
- Whether the claimant was barred from claiming gratuity due to the provisions of section 35 (6) (d) of the Employment Act 2007.
Reasoning
The court held that the suit was not time barred as the dispute was reported to the Minister within the prescribed period and the Minister accepted the dispute. The court also found that the claimants were not barred from claiming gratuity as their collective agreement provided for gratuity.
Outcome
The respondent's preliminary objection is dismissed, and the respondent is ordered to pay the claimant's costs.
Orders
- The respondent shall pay the claimant's costs in that regard.
- The parties are now invited to take directions with a view of fixing the suit for hearing.
Authorities cited
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