Mark Mbau Mathee v Rai Radio Televisione Italiana [2021] KEELRC 1219 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1219
- Citation
- [2021] KEELRC 1219 (KLR)
- Decided
- 22 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureAppeal from an order setting aside ex parte proceedings and allowing the Respondent to state its caseCoramJAMES RIKA
Holding
Ex-parte proceedings and consequential orders are set aside, and the Respondent is allowed to state its case.
Facts
The Respondent failed to attend the hearing on 26th November 2020 due to a clerical error and subsequent isolation due to Covid-19. The Claimant proceeded with the hearing in their absence.
Issues
- Respondent's failure to attend the hearing
- Counsel's absence due to Covid-19
Reasoning
The Court finds that the Respondent had a good reason for not attending the hearing and that the unusual circumstances of the pandemic have made it difficult for the Respondent to attend.
Outcome
Appeal allowed
Orders
- Ex-parte proceedings and consequential orders set aside
- Hearing to proceed de novo
- Suitable hearing date to be assigned at the Registry
- No order on costs
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.
Loading judgment…