Thomas Omondi Otieno v Wells Fargo [2019] KEELRC 1013 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1013
- Citation
- [2019] KEELRC 1013 (KLR)
Summary at a glance
TypeEmployment DisputePostureAppeal from dismissal of claim for non-attendanceCoramJames Rika
Claimant's application is dismissed as it is an abuse of the court process due to unreasonable delay and lack of adequate reasons.
Facts
Claimant was dismissed from employment on January 28, 2016. Claimant filed an application to reinstate the claim, citing a delay due to a civil case. The claim was dismissed twice for non-attendance.
Issues
- Dismissal for non-attendance under E&LRC Act
- Reasonable time for filing an application
Reasoning
The court found that dismissal was not for want of prosecution but for non-attendance. The claimant's application was filed 14 days after dismissal, which was considered unreasonable delay.
Outcome
Application dismissed
Orders
- Decline of the application
- No order on costs
Authorities cited
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