Abigael Jane Ayako v Masai Mara Sopa Lodge Limited [2021] KEELRC 705 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 705
- Citation
- [2021] KEELRC 705 (KLR)
- Decided
- 7 October 2021
Summary at a glance
TypeLabour DisputePostureRespondent seeks to introduce new evidence and recall witnessCoramNZIOKI WA MAKAU
The motion is denied, and the email is expunged from the court record.
Facts
The Respondent discovered an email from the Claimant to the Respondent's management team regarding a salary cut program. The Claimant was the HR Manager at the time.
Issues
- Whether the email should be admitted into evidence
- Whether the Claimant should be recalled to testify about the email
Reasoning
The Respondent failed to demonstrate that the email could not have been obtained with reasonable diligence at the time of the hearing, and the motion does not meet the threshold for adducing new evidence or recalling a witness.
Outcome
Motion denied
Orders
- The email dated 26th March 2015 from the Claimant to the Respondent’s management team is expunged from the Court record
Authorities cited
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