Dickson Oruko Nyakach & another v Chemilil Sugar Co Ltd [2015] KEELRC 11 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 11
- Citation
- [2015] KEELRC 11 (KLR)
- Decided
- 11 December 2015
The claim is not time barred as there was a fresh cause of action arising from the acknowledgement and part payment on 2nd February, 2011. The limitation period for the debt is six years from that date.
Facts
The applicants were employed by Chemilil Sugar Co. Ltd. and were terminated in 2010. They filed a complaint with the Ministry of Labour in 2011, which led to a determination that payment be made to them. However, only part of the terminal benefits was paid.
Issues
- Whether the employment was terminated in 2010
- Whether the claim for wrongful termination can be brought after 3 years
- Whether the time for filing the suit can be extended
- Whether the time stops running during conciliation or lodging a complaint to the Ministry of Labour
- Whether the applicants are entitled to the prayers sought for
- Who is entitled to the costs of the application
Reasoning
The court found that there was an acknowledgement and part payment of the debt owed to the applicants, which led to a fresh cause of action. The time for the claim started running on the date of the acknowledgement and payment.
Outcome
The application is allowed, not on the grounds set out in the application, but on grounds that there was a fresh debt accruing on 2nd February, 2011 whose limitation period has not expired.
Orders
- No Orders for costs for this application.
Authorities cited
Legislation (2)
- Employment Act 2007
- Limitation of Actions Act
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