Kenya Engineering Workers Union v Kalu Works Limited (Cause 1645 of 2016) [2022] KEELRC 3859 (KLR) (15 June 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3859
- Citation
- [2022] KEELRC 3859 (KLR)
- Decided
- 15 June 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent's preliminary objection to the claimCoramNzioki wa Makau
Holding
The suit is dismissed for being time barred and because its filing was obtained through deceitful means. The claimant union will pay costs of the suit to the respondent.
Facts
The claimant, Kenya Engineering Workers Union, seeks relief regarding matters that arose in 2005 and 2006. The grievant was moved from managerial to staff in July 2005.
Issues
- Whether the claim is incompetent and statute barred
- Whether the court lacks jurisdiction due to the cause of action being barred by time
Reasoning
The claimant's claim is time barred as it was filed more than three years after the alleged act, neglect, or default. The claimant's deceitful means in indicating July 2015 in the pleadings led to the suit being dismissed.
Outcome
Dismissed
Orders
- The suit is dismissed for being time barred and because its filing was obtained through deceitful means. The claimant union will pay costs of the suit to the respondent.
Authorities cited
Legislation (2)
- Employment Act 2007
- Limitation of Actions Act
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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