George Mutulili Muia v Unilever East & Southern Africa [2016] KEELRC 1064 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Territorial scope of an exclusive jurisdiction clause in an employment contract
Clause 14 conferring jurisdiction on Zimbabwean courts applied only while the claimant was in Zimbabwe and did not oust the Court's jurisdiction over a dismissal effected by Unilever Kenya.
The Court examined the letters of 17th May 2007 and 28th August 2007, which transferred the claimant to the Kenya office of Unilever East & Southern Africa and confirmed he remained an employee of that entity. It concluded the claimant remained an employee of the respondent and that the dismissal was done by Unilever Kenya, so the Zimbabwe clause did not bar the suit.
Limitation under section 90 of the Employment Act
The claim filed on 1st August 2013, almost six years after the dismissal of 12th October 2007, was statute barred and was struck out.
The Court noted the respondent raised limitation in its memorandum of defence and held that limitation goes to the Court's jurisdiction. Section 90 requires claims to be filed within three years of the cause of action arising; the claim here was nearly six years late and could not survive.
Legal principles established
#- A claim for wrongful dismissal must be filed within three years of the dismissal under section 90 of the Employment Act, and limitation goes to the jurisdiction of the Court.
Court orders
#- 1.The claimant's memorandum of claim struck out as statute barred
- Jurisdiction invoked
- Employment and labour relations jurisdiction of the Industrial Court under section 90 of the Employment Act (limitation of claims)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "George Mutulili Muia v Unilever East & Southern Africa [2016] KEELRC 1064 (KLR)", Case Analysis (2016). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1064/eng@2016-06-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.