John Muia Ngolanie v Electric Link International Ltd [2018] KEELRC 2418 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2418
- Citation
- [2018] KEELRC 2418 (KLR)
- Decided
- 2 March 2018
Summary at a glance
TypeEmployment DisputePostureRespondent's Preliminary Objection UpheldCoramRadido Stephen
The Court upholds the preliminary objection and orders the Statement of Claim be struck out with costs to the Respondent.
Facts
Claimant John Muia Ngolanie sued Respondent Electric Link International Ltd for unfair and unlawful dismissal, non-payment of terminal dues, and other benefits arrears. The suit was filed after the separation in 2010, and criminal proceedings were ongoing.
Issues
- Unfair and unlawful dismissal
- Non-payment of terminal dues
- Other benefits arrears
Reasoning
The Court ruled that the claims are statute barred due to the limitation period under the Employment Act and Public Authorities Limitation Act, and that the criminal proceedings did not estop the claims.
Outcome
The Statement of Claim is struck out.
Orders
- Statement of Claim be struck out with costs to the Respondent.
Authorities cited
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