Kazungu Dadu Sirya v Wells Fargo Ltd [2019] KEELRC 2122 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2122
- Citation
- [2019] KEELRC 2122 (KLR)
- Decided
- 28 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent's Motion to Strike Out ClaimCoramJames Rika
Holding
The court finds the claim is time-barred and strikes it out under Section 90 of the Employment Act 2007.
Facts
Claimant Kazungu Dadu Sirya was employed by Wells Fargo Ltd as a Controller in the Alarms Department from October 1, 2004, to October 10, 2011. His employment contract was terminated without notice, and he filed a claim for unfair termination and terminal benefits.
Issues
- Whether the claim is time-barred under Section 90 of the Employment Act 2007
- Whether the court has jurisdiction to hear the case
Reasoning
The claim was filed more than 3 years after the cause of action arose, and the court lacks jurisdiction due to the expiration of the claimant's right to litigate.
Outcome
The claim is struck out.
Orders
- The claim is hereby struck out under Section 90 of the Employment Act 2007
- No order on the costs
- The file is closed
Authorities cited
Legislation (1)
- Employment Act 2007
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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