Wanyanga v School Equipment Production Unit (SEPU) (Miscellaneous Application E302 of 2024) [2024] KEELRC 13531 (KLR) (20 December 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13531
- Citation
- [2024] KEELRC 13531 (KLR)
- Decided
- 20 December 2024
Summary at a glance
TypeMiscellaneous ApplicationPostureApplicant seeks leave to institute proceedings out of time following unlawful and constructive terminationCoramStella Rutto
The Court denies the Application and disallows it with no orders as to costs
Facts
The Applicant was unlawfully and constructively terminated and her suit was initially filed in the Chief Magistrate Court. Her counsel withdrew the suit due to a preliminary objection on pecuniary jurisdiction. She seeks leave to file the suit in the Employment and Labour Relations Court.
Issues
- Whether the Court should grant leave to the Applicant to institute proceedings out of time against the Respondent
Reasoning
The Employment Act limits the time within which a claim based on a contract of service may be lodged to three years. The Court cannot extend this period due to mandatory terms in Section 90 of the Employment Act.
Outcome
Denied
Orders
- Application disallowed with no orders as to costs
Authorities cited
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