Abuya v Principal Secretary, Ministry of Health (Cause E565 of 2020) [2023] KEELRC 3262 (KLR) (7 December 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3262
- Citation
- [2023] KEELRC 3262 (KLR)
- Decided
- 7 December 2023
Summary at a glance
TypeLabor DisputePostureClaimant's AppealCoramBYRAM ONGAYA
The contract of service terminated on June 13, 2016, when the claimant resigned. The claimant's claim is time-barred as the three-year limitation period under the Employment Act has expired.
Facts
Claimant Calvin Abuya was employed by the respondent, the Principal Secretary, Ministry of Health, until June 2016. He resigned citing non-payment of salary. He later worked for the Embu County Government as a consultant medical oncologist. The respondent refused to release his clearance certificate and last payment certificate.
Issues
- Whether the contract of service terminated
- Whether the claimant's claim is time-barred
Reasoning
The court found that the claimant resigned in June 2016 and the three-year limitation period for salary arrears had lapsed. The claimant was also seconded to Kisumu County from January 1, 2014, and the respondent would not be liable to pay arrears for this period.
Outcome
The suit is hereby dismissed with each party bearing their own costs.
Orders
- The suit is dismissed
Authorities cited
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