Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Talai Secondary School [2016] KEELRC 285 (KLR)
The bottom line
#The Employment Court refused to revive a union's dismissed case because it waited seven months to act and failed to prove it never received the dismissal notice.
What this practically means
#Executive summary
#Key legal issues
#Service of the dismissal show cause notice on the Union
The Union did not demonstrate that the notice was not served; affidavits sworn by the Grievants on advice of counsel did not meet the disclosure threshold
The notice was addressed to the Union, yet no Union official swore an affidavit on whether it was received. The supporting affidavits were sworn by the Grievants, who only stated they were advised by the current advocates that the notice was not received. The advocate's source of that information and the identity of the informing union official were not disclosed, so the depositions failed the disclosure threshold.
Inordinate delay in applying to set aside the dismissal
The delay of about 7 months was inordinate and unexplained; the Court declined to exercise its discretion in favour of the Union
The Union took about 7 months to move the Court after the dismissal, and the supporting affidavits did not explain why it never confirmed the status of the Cause with the registry. Although inordinate delay is fact-specific, the Court found the explanation insufficient and the delay inordinate, justifying refusal of the discretionary relief.
Legal principles established
#- Whether delay is inordinate depends on the peculiar facts of each case
- A party asserting non-service must place credible evidence, including proper disclosure of the source of the information, before the Court
Court orders
#- 1.The motion dated 12 July 2016 is dismissed with no order as to costs
- Jurisdiction invoked
- Discretion of the Industrial Court to review/set aside its own order of dismissal of a Cause for want of prosecution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Talai Secondary School [2016] KEELRC 285 (KLR)", Case Analysis (2016). Cause (Nakuru) - motion dated 12 July 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/285/eng@2016-11-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.