John Okulo Anyiko v Kibos Sugar and Allied Industries Limited [2019] KEELRC 1680 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1680
- Citation
- [2019] KEELRC 1680 (KLR)
- Decided
- 7 May 2019
Summary at a glance
TypeEmployment DisputePostureAppeal from a dismissal of a claim for unlawful termination and payment of terminal benefitsCoramMathews N. Nduma
The suit is time barred and dismissed.
Facts
The claimant was employed as a senior electrical motor rewinder from 2009 to 2011. He was suspended on 21 February 2011 and later acquitted of charges related to a strike. He filed a suit for compensation on 14 March 2017, more than six years after his termination.
Issues
- Whether the suit is time barred.
- Whether the termination of the claimant was for a valid reason and done in terms of a fair procedure.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The claimant was not taken back to work after his suspension and the suit was filed more than six years after his termination. The court held that the claimant participated in an unlawful strike and did not return to work when called upon to show cause.
Outcome
The suit is dismissed.
Orders
- The suit is struck off for want of justification to determine it.
Authorities cited
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