Washington Omolo Owino v Rift Valley Railways (K) Ltd [2016] KEELRC 1211 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1211
- Citation
- [2016] KEELRC 1211 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent's Motion to Strike Out Parts of Statement of ClaimCoramHON. ONESMUS MAKAU
Holding
The court finds and holds that the suits were filed within the statutory limitation period and are properly before the court.
Facts
Claimant Washington Omolo Owino filed a lawsuit against respondent Rift Valley Railways (K) Ltd for salary arrears resulting from underpayments from 2006 to October 2014. The claimants were retrenched in October 2014.
Issues
- Whether the claim for salary underpayment was filed out of time
- Whether the cause of action for continuing breach of employment contract was time barred
Reasoning
The cause of action arose in October 2014 when the claimants were retrenched and was to expire in October 2015, which is 12 months from the time when the continuing default by the respondent to pay shift allowances and underpaid salary ceased. The suit was filed on 13.8.2015, which was on the tenth month after the cessation of the default.
Outcome
The respondent's Motion is dismissed.
Orders
- The respondent’s Motion dated 9.11.2015 is dismissed.
- Costs in the cause.
Authorities cited
Legislation (3)
- Employment Act
- Employment and Labour Relations Court Act
- Civil Procedure Rules
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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