Kenya Shipping Clearing Freight Logistics And Warehouses Workers Union v Portlink Logistics Ltd [2019] KEELRC 1699 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1699
- Citation
- [2019] KEELRC 1699 (KLR)
- Decided
- 27 March 2019
The Court finds the Claimant's Pleadings fall short of the standards required under the Employment and Labour Relations Court Rules. The Preliminary Objection is allowed, and the Claim is struck out.
Facts
The Claimant filed a Statement of Claim alleging arrears of salary and redundancy benefits owed to former employees of the Respondent. The Respondent filed a Notice of Preliminary Objection alleging the Claim is premature and fails to disclose a reasonable cause of action.
Issues
- Whether the Court can order the Respondent to sell assets to pay salary arrears and redundancy benefits.
- Whether the Claimant clearly identifies the Employees on whose behalf the Claim is made.
- Whether the Claimant discloses when redundancy took place and provides evidence of ownership of vehicles mentioned in the Statement of Claim.
Reasoning
The Court rules that the Claimant's Pleadings are ambiguous and do not clearly identify the Employees, the employment details, or the timing of redundancy. The Court also notes the lack of evidence of asset ownership and the absence of a single contract of employment.
Outcome
The Preliminary Objection is allowed, and the Claim is struck out.
Orders
- The Preliminary Objection filed by the Respondent on 30th October 2018 is allowed.
- The Claim is struck out.
- No order on the costs.
- The file is closed.
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