Sheminah Aglae v Kenya Airways [2016] KEELRC 998 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 998
- Citation
- [2016] KEELRC 998 (KLR)
Summary at a glance
TypeMiscellaneous ApplicationPostureClaimant seeks leave to file claim out of time and for the draft memorandum of claim to be deemed duly filed.CoramHellen S. Wasilwa
The application is not merited and the claim cannot be filed out of time.
Facts
Claimant was dismissed from work on 10.6.2012 and had been on sick leave since 2011. She claims she was dismissed for absconding duty despite being promised half her salary if her sick leave ended.
Issues
- Whether the claim can be filed out of time
- Whether the draft memorandum of claim can be deemed duly filed
Reasoning
Section 90 of the Employment Act limits claims to 3 years from the date of dismissal. The claimant did not file the claim within this period and there is no evidence of her recovery or action taken since 2012.
Outcome
The application is dismissed.
Authorities cited
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