Deepesh Subhaschandra Modi v Pan Africa Express Transport Ltd (Licensee of the Federal Express Corp) [2019] KEELRC 2524 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2524
- Citation
- [2019] KEELRC 2524 (KLR)
- Decided
- 25 January 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent's Application to Strike Out and Expunge Confidential ReportsCoramRadido Stephen
Holding
The application to expunge the confidential reports is dismissed. The reports form an integral part of the dispute and should not be expunged from the record.
Facts
The Claimant, Deepesh Subhaschandra Modi, filed a complaint against Pan Africa Express Transport Ltd regarding alleged violations of his right to fair labor practices. The Respondent sought to expunge confidential reports from the record, claiming they violated the Claimant's right to privacy and were damaging to the Respondent.
Issues
- Whether the confidentiality clause in the employment contract applies to court litigation
- Whether the confidential reports are integral to the dispute and should not be expunged from the record
Reasoning
The Court balances the right to privacy and the right of access to information, concluding that the confidential reports are integral to the dispute and should not be expunged.
Outcome
Application dismissed
Authorities cited
Cases cited (3)
- Leland I Selano v Intercontinental Hotel (2013) eKLR
- Global Torch Ltd v Apex Global Management Ltd (2013) EWCA Civ. 819
- Chodiev v Stein (2016) EWHC 1210
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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