Kenya Union of Domestic, Hotels, Education, Hospitals and Allied Workers (Kudheiha) v Nzwili (Cause 2197 of 2016) [2022] KEELRC 1166 (KLR) (27 May 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1166
- Citation
- [2022] KEELRC 1166 (KLR)
- Decided
- 27 May 2022
Summary at a glance
TypeLabor DisputePostureClaimant's claim against Respondent for underpayment of salary and other benefits, dismissed due to time-barred claimCoramSTELLA RUTTO
The claim is time-barred and the court lacks jurisdiction to proceed further.
Facts
Claimant alleges termination on September 1, 2011, and seeks compensation for salary underpayment and other benefits. Respondent denies the allegations.
Issues
- Time-barred claim under Employment Act
- Jurisdiction of the court
Reasoning
The claimant's cause of action arose on September 1, 2011, and the matter was filed almost five years later, exceeding the three-year limitation period under the Employment Act. The court, guided by precedent, cannot proceed with the case.
Outcome
The claim is struck out with no orders as to costs.
Authorities cited
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