Kenya Scientific Research International Technical & Intsitutions Workers Union v TNS RMS East Africa Limited (Cause 1894 of 2015) [2022] KEELRC 14641 (KLR) (27 October 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 14641
- Citation
- [2022] KEELRC 14641 (KLR)
- Decided
- 27 October 2022
Summary at a glance
TypeMotion to Set Aside Dismissal for Non-AttendancePostureClaimant seeks to reinstate dismissed caseCoramNZIOKI WA MAKAU
The motion is dismissed as it lacks merit due to the inordinate delay in filing the application
Facts
Claimant and grievant were ready to attend an online court session on June 15, 2021 but faced a system delay, leading to their case being dismissed for non-attendance.
Issues
- Whether the court should set aside the dismissal and reinstate the claimant's case
- Whether the delay in filing the application is inordinate
Reasoning
The court found the delay in filing the motion to be inordinate and inexcusable, leading to the dismissal of the motion.
Outcome
Motion to set aside dismissal for non-attendance is dismissed
Authorities cited
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