Carolyn Kipkeny Arkach v Telkom Kenya Limited [2015] KEELRC 322 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 322
- Citation
- [2015] KEELRC 322 (KLR)
- Decided
- 30 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent's preliminary objection to jurisdiction over claim filed out of time; Claimant's objection to limitation period; OverruledCoramAbuodha J. N.
Holding
The preliminary objection is overruled, and the suit shall proceed to trial on merit.
Facts
Claimant was dismissed from employment on 29th April, 2004. The dispute was reported to the Minister on behalf of the claimant by his union on 26th November, 2009. The Minister acknowledged the dispute on 19th July, 2010 and appointed a conciliator. The conciliator's decision was made on 25th July, 2013.
Issues
- Whether the claim was filed out of time
- Whether the cause of action was suspended until the conciliation process was completed
Reasoning
The Court held that the cause of action was suspended until the outcome of the conciliation process was known. The conciliator's decision was made on 25th July, 2013, and the claim was filed on 12th August, 2014, which was within the six-year limitation period.
Outcome
Claimant's claim is not barred by limitation.
Orders
- The preliminary objection is overruled
- The suit shall proceed to trial on merit
Authorities cited
Legislation (2)
- Trade Disputes Act (now repealed)
- Labour Relations Act
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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