Bramwel Okunda Mayienga v Teachers Service Commission [2018] KEELRC 2211 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2211
- Citation
- [2018] KEELRC 2211 (KLR)
- Decided
- 14 March 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPostureRespondents' Preliminary Objection to Claimant's claim for termination of employmentCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The claim is time barred and dismissed
Facts
Claimant was dismissed from service on 26 April 2012. He filed an appeal against the dismissal on 14 May 2012, which was also dismissed. The claim was filed on 10 October 2017, 5.5 years after the dismissal.
Issues
- Whether the claim is statute barred under Section 90 of the Employment Act 2007
- Whether the Respondents' delay in communicating the appeal dismissal affected the claimability of the claim
Reasoning
The Employment Act limits claims for termination of employment to 3 years from the date of dismissal. The Court of Appeal has ruled that the Employment and Labour Relations Court cannot extend this period. The Claimant's failure to file the claim within the statutory period renders it time barred.
Outcome
Claim dismissed
Authorities cited
Legislation (2)
- Employment Act 2007
- Limitation of Actions Act 22
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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