Kenya Union of Sugar Plantation & Allied Workers v Sony Sugar Company Ltd [2015] KEELRC 1542 (KLR)
The bottom line
#Kenya's Industrial Court struck out a union's claim for three dismissed workers because it was filed years past the legal deadline.
What this practically means
#Executive summary
#Key legal issues
#Limitation of employment claims filed by a trade union
The claim filed on 14th March 2014 was out of time for all three grievants - under the 6-year contractual limitation for the 1st and 3rd grievants and the 3-year period under Section 90 of the Employment Act for the 2nd grievant - and the court is bound by the mandatory provisions
The court identified the applicable limitation periods: six years in contract under Section 4 of the Limitation of Actions Act for terminations predating the Employment Act 2007 (2nd June 2008), and three years under Section 90 for terminations after it came into force. Union-filed disputes also had to be reported to the Minister within 28 days (Trade Disputes Act) or 90 days (Labour Relations Act). Conciliation does not suspend limitation, and the recognition agreement does not oust limitation. The claim, filed 14th March 2014, exceeded even the latest filing deadline (29th August 2013).
Misjoinder of grievants terminated on different dates and grounds
Not determined, having become unnecessary once the suit was struck out
Although the respondent objected that joining three grievants terminated on different dates and on different grounds amounted to misjoinder, the court held that once it struck out the suit on limitation grounds, it did not need to address the misjoinder limb of the preliminary objection.
Legal principles established
#- A court has no power to entertain an action founded on contract filed beyond the six-year limitation period, nor to extend time where the statute provides no such discretion
- Neither a recognition agreement nor the Trade Disputes Act ousts the limitation period once a dispute has been filed
Court orders
#- 1.The claim is struck out for want of jurisdiction as it was filed out of time
- 2.Each party shall meet its own costs
- Jurisdiction invoked
- Jurisdiction under the Industrial Court; objections based on Section 4 of the Limitation of Actions Act and Section 90 of the Employment Act, with the Trade Disputes Act and Labour Relations Act governing union-filed disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Sugar Plantation & Allied Workers v Sony Sugar Company Ltd [2015] KEELRC 1542 (KLR)", Case Analysis (2015). Industrial Cause (Memorandum of Claim dated 3rd March 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1542/eng@2015-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.