Paul Dedan Ochieng & 2 others v Harambee Co-operative Savings & Credit Society [2016] KEELRC 446 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 446
- Citation
- [2016] KEELRC 446 (KLR)
- Decided
- 22 March 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureAppeal from original trialCoramJames Rika
Holding
The court finds it cannot determine when the applicants' cause of action accrued and orders them to be at liberty to file their claims.
Facts
The applicants were employed by Harambee Co-operative Savings & Credit Society from 1988 to 2005. They were charged with theft by servant and convicted, but released on appeal. During the pendency of the criminal process, they were locked out of work without any termination notice.
Issues
- Whether the applicants' cause of action for unfair termination and terminal dues has accrued
- Whether the applicants are time-barred from filing their claims under Section 90 of the Employment Act 2007
Reasoning
The court cannot presume the date of the termination decision due to lack of clear communication from the employer. The court cannot extend time without evidence on the date of termination.
Outcome
The applicants are ordered to be at liberty to file their claims.
Orders
- The applicants are at liberty to file their claims.
- The intended respondent is free to raise objections to the intended claims under Section 90 of the Employment Act, should there be evidence on the date of termination.
Authorities cited
Legislation (2)
- Employment Act 2007
- Limitation of Actions 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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