James Collins Mburu v CIC General Insurance Limited [2020] KEELRC 602 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 602
- Citation
- [2020] KEELRC 602 (KLR)
- Decided
- 28 July 2020
Summary at a glance
TypeLabor DisputePostureRespondent's Motion to Strike Out ClaimCoramHellen S. Wasilwa
The court dismisses the Respondent's motion to strike out the claim, finding that the claimant indeed lodged an appeal but the Respondent failed to consider it.
Facts
The Respondent terminated the Claimant's employment on grounds of gross misconduct. The Claimant filed a lawsuit, but the Respondent argued that the claim was premature as the Claimant failed to exhaust internal appeal mechanisms.
Issues
- Whether the claim should be struck out due to premature filing and failure to exhaust internal appeal mechanisms.
- Whether the claimant's failure to appeal was a fatal defect of the suit.
Reasoning
The court ruled that the claimant's failure to appeal was not a fatal defect of the suit and that the claimant's appeal was properly lodged.
Outcome
The court dismisses the Respondent's motion to strike out the claim.
Orders
- The Respondent's motion to strike out the claim is dismissed.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…