Ng’ang’a v Githunguri Dairy Farmers Co-operative Society Limited (Cause 1250 of 2015) [2023] KEELRC 703 (KLR) (24 March 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 703
- Citation
- [2023] KEELRC 703 (KLR)
- Decided
- 24 March 2023
Summary at a glance
TypeLabour DisputePostureAppeal from a dismissal of a claim for non-attendance at a hearingCoramBYRAM ONGAYA
The application is not merited, and the plaintiff is entitled to change his advocates and bear his own costs.
Facts
The plaintiff, Albert Kimani Ng’ang’a, was dismissed from his employment with Githunguri Dairy Farmers Co-operative Society Limited. He claims that he was not informed of the hearing date and that his advocates failed to attend, leading to his dismissal. He seeks to change his advocates and reinstate his claim.
Issues
- Whether the dismissal of the plaintiff's suit for non-attendance should be set aside
- Whether the plaintiff's failure to attend the hearing was due to his advocates' negligence or his own inaction
Reasoning
The court found that the plaintiff failed to explain the inordinate delay in filing the application and his separation from his initial advocates. The court also found that the plaintiff did not provide full disclosure and diligence in explaining his non-attendance.
Outcome
The application is dismissed and the plaintiff is granted leave to change his advocates.
Orders
- Leave granted for the plaintiff to change his advocates
Remedies
- Each party to bear their own costs of the application
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