Kenya Petroleum Workers Union v Total (K) Limited [2015] KEELRC 51 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 51
- Citation
- [2015] KEELRC 51 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a dismissal of a labor dispute claimCoramMATHEWS NDERI NDUMA
Holding
The suit is dismissed in its entirety with no costs awarded to the Respondent.
Facts
The employment of Lawrence Paul Macharia Mutero was terminated on 18th September 1995. The Joint Industrial Council and Ministry of Labour were involved in the dispute, but the matter was delayed due to non-cooperation from the Respondent. The Claimant filed the suit more than 18 years after the cause of action arose.
Issues
- Does the time run when the dispute is under statutory conciliation?
- Is the dispute time barred?
Reasoning
The delay in filing the suit is inordinate and the argument that time does not run during the statutory conciliation period is not valid. The Claimant did not file an application for leave to file the suit out of time.
Outcome
Dismissal of the suit
Orders
- Order for costs is refused
Authorities cited
Legislation (2)
- Limitation of Actions Act, Cap 22 of the laws of Kenya
- Trade Disputes Act (now repealed)
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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