Anthony Chelimo v Kenya Commercial Bank Limited [2020] KEELRC 1586 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1586
- Citation
- [2020] KEELRC 1586 (KLR)
- Decided
- 24 February 2020
Summary at a glance
TypeReview of Employment and Labour Relations Court DecisionPostureApplication for review of Employment and Labour Relations Court judgmentCoramONESMUS N. MAKAU
The application does not meet the threshold for review under Rule 33(1)(b) of the ELRC Procedure Rules and is instead an appeal disguised as a review.
Facts
The claimant, Anthony Chelimo, was dismissed by Kenya Commercial Bank Limited on grounds of gross negligence. He alleged that the dismissal was based on a mistake or error apparent on the face of the record.
Issues
- Whether the application for review has met the threshold for granting the review order
- Whether the court's assessment of the evidence was erroneous
Reasoning
The court found that the grounds for the application challenge the merits of the impugned decision and are best suited for an appeal rather than a review. The court emphasized that an error apparent on the face of the record must be a clear case of error and not a mere erroneous decision.
Outcome
The application is dismissed and the court is not to re-appraise the evidence or exercise appellate jurisdiction.
Orders
- The application for review is dismissed
Authorities cited
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