Mulu & 2 others (Suing for themselves and on behalf of 41 other former employees of Dubai Bank Kenya Limited - in Liquidation) v Kenya Deposit Insurance Corporation & 2 others (Cause 2512 of 2016) [2022] KEELRC 13480 (KLR) (9 December 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13480
- Citation
- [2022] KEELRC 13480 (KLR)
- Decided
- 9 December 2022
Summary at a glance
TypeEmployment DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramMA ONYANGO, Mbaru
The Court dismissed the claimants' claim, finding that the claim was filed prematurely and that the claimants failed to exhaust other available avenues under the Employment Act.
Facts
Former employees of Dubai Bank Kenya Limited filed a claim against the Kenya Deposit Insurance Corporation and the liquidation agent, alleging wrongful termination and failure to pay their salaries. The claimants sought compensation for unpaid wages and benefits.
Issues
- Whether the claimants' claim was filed prematurely and in violation of the doctrine of exhaustion
- Whether the Cabinet Secretary, as the Ministry of Labour's representative, is obligated to secure the employees' debts and pay out what is due from the National Social Security Fund
Reasoning
The Court ruled that the claimants' claim was filed prematurely and that the doctrine of exhaustion requires that all available avenues be exhausted before invoking the courts. The claimants did not comply with the mandatory requirements of the Kenya Deposit Insurance Act, 2012.
Outcome
Dismissed
Authorities cited
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