Kenya Plantation & Agricultural Workers Union v Unliver Tea Kenya Limited (Kimugu Factory) [2022] KEELRC 986 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 986
- Citation
- [2022] KEELRC 986 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from a dismissal decisionCoramONESMUS N. MAKAU
Holding
The suit is time barred and dismissed.
Facts
The grievants were employed by the respondent until December 8, 2016, when they were dismissed for negligence and failure to observe safety procedures. They had previously been dismissed on December 8, 2016, and appealed both dismissals unsuccessfully.
Issues
- Whether the suit is time barred
- Whether dismissal was unfair and unlawfully
- Whether the reliefs sought are merited
Reasoning
The dismissal occurred on December 8, 2016, and the suit was filed on February 18, 2020, which is more than four years later. The court ruled that the suit is time barred and dismissed it.
Outcome
The suit is struck out with costs.
Orders
- The suit is struck out with costs by dint of section 90 of the employment Act.
Authorities cited
Legislation (2)
- Employment Act
- Limitation of Actions Act
Cases cited (3)
- Maria Machocho v Total Kenya Ltd
- Raja Shirenga Washigh v Mumias Sugar Factory Ltd
- Antony Mkala Chitavi v Malindi Water and Sewarge Ltd
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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