Ouma v Cempack Solutions Limited & another (Cause 46 of 2016) [2022] KEELRC 1591 (KLR) (2 June 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1591
- Citation
- [2022] KEELRC 1591 (KLR)
- Decided
- 2 June 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeUnlawful Redundancy and Non-Payment of Redundancy BenefitsPostureAppeal from a preliminary objectionCoramAN MWAURE, Sir Charles Newbold
Holding
The court finds the claim not statute barred and orders the parties to proceed to hearing to determine the claimant's employment status and termination.
Facts
Claimant Alfred Oyare Ouma was employed by Cempack Solutions Limited and East Africa FounDRy Ltd from 1995 to 2015. He claims he was unlawfully terminated and not paid his redundancy benefits.
Issues
- Whether the claim is statute barred under section 90 of the Employment Act 2007
- When the claimant left employment of the 2nd Respondent
Reasoning
The court considers preliminary objections and finds the claimant's pleadings definitive. It holds that the claimant's employment status and termination cannot be determined solely from pleadings.
Outcome
The claim is not statute barred and the parties are ordered to proceed to hearing.
Orders
- Proceed to hearing to determine claimant's employment status and termination
Authorities cited
Legislation (2)
- Employment Act 2007
- Civil Procedure Rules
Cases cited (2)
- Quick Enterprises Ltd Vs Kenya Railways Corporation (1999)
- Avtar Singh Bhamra and Another versus Oriental Commercial Bank Ltd (2004)
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.
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