Maina v Standard Group Limited (Cause 1922 of 2016) [2023] KEELRC 2086 (KLR) (13 July 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2086
- Citation
- [2023] KEELRC 2086 (KLR)
- Decided
- 13 July 2023
The court held that the claimant's claim is not wholly time barred, but any recovery of the deducted sum shall be for those that were done within the period, three years to the date when he commenced his suit.
Facts
The claimant, Julius Peter Maina, entered into a contract of employment with the respondent, Standard Group Limited, as an Alternative Editor for the Sunday Standard. The claimant alleged that the respondent deducted his salary from May and July 2013 until October 27, 2015, and sought compensation for these deductions.
Issues
- Whether the claimant's claim is time barred.
- Whether the claimant's salary was reduced by the respondent at any point during his employment.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The court determined that the claimant's claim is not time barred because the deductions continued until October 27, 2015, and he had up to that date to file the claim. The court also ruled that the claimant is entitled to recover the deducted sums within the three-year limitation period.
Outcome
The court dismissed the preliminary objection and held that the claimant's claim is not wholly time barred.
Authorities cited
Legislation (1)
- Employment Act
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