Phillip Mghanga v Mumi Hotels & Resorts Ltd. T/A Bahari Beach Hotel [2015] KEELRC 808 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 808
- Citation
- [2015] KEELRC 808 (KLR)
- Decided
- 3 July 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureRespondent filed a Preliminary Objection claiming the suit was time barred.CoramO. N. Makau
Holding
The suit is not time barred as the dispute settlement mechanism was commenced within 28 days and continued until it was referred to this court.
Facts
Claimant was dismissed on 31/1/2007 and filed suit on 5/11/2014, 8 years later. The Respondent participated in a dispute resolution process under the repealed Trade Disputes Act.
Issues
- Whether the suit filed by the Claimant is time barred.
- Whether the dispute settlement mechanism under the repealed Trade Disputes Act continued the Respondent's cause of action.
Reasoning
The Court of Appeal's decision in the Office Restaurant Case established that the dispute settlement mechanism under the repealed Trade Disputes Act continued the Respondent's cause of action, preventing the suit from becoming time barred.
Outcome
Preliminary Objection dismissed with costs.
Orders
- Preliminary Objection by the Respondent is dismissed with costs.
- This ruling shall apply to ELRC 552, 553, 554 and 555 of 2014 which were consolidated with this suit.
Authorities cited
Legislation (3)
- Employment Act
- Labour Relations Act
- Trade Disputes Act
Cases cited (2)
- Office Restaurant Case
- 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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