Noor v Dabashil Group t/a Money Transfer Co Ltd (Cause E284 of 2023) [2024] KEELRC 1234 (KLR) (9 May 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1234
- Citation
- [2024] KEELRC 1234 (KLR)
- Decided
- 9 May 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent filed a Notice of Preliminary ObjectionCoramNZIOKI WA MAKAU
Holding
The Court dismisses the objection raised by the Respondent and proceeds to hear the suit.
Facts
Claimant Noor applied for a job as Chief Financial Officer with Respondent Dabashil Group. He attended interviews and was offered the position. He accepted the offer and resigned from his previous job. However, the Respondent unilaterally changed the reporting date and stopped responding, leading to a breach of contract claim.
Issues
- Jurisdiction of the Employment and Labour Relations Court
- Privity of contract between Claimant and Respondent
Reasoning
The Court finds that the Employment and Labour Relations Court has exclusive jurisdiction over the dispute. The Respondent's objection is dismissed as the issue of jurisdiction is a question of fact and not suitable for a preliminary objection.
Outcome
The suit is dismissed with costs to the Claimant.
Orders
- Dismiss the objection raised by the Respondent
- Proceed to hear the suit immediately
Authorities cited
Legislation (2)
- Employment and Labour Relations Court Act
- Civil Procedure Act
Cases cited (1)
- Mukisa Biscuits Manufacturing Co. Ltd v West End Distributors 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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