Eunice Shamia Lumallas v Parliamentary Service Commission & another [2021] KEELRC 1607 (KLR)
The bottom line
#A Kenyan employment claim filed three years after resignation survived a limitation challenge because the clock starts when employment ends, not earlier.
What this practically means
#Executive summary
#Key legal issues
#Date of accrual of the cause of action for limitation purposes
The cause of action accrued on 29th July 2016, the date of resignation/constructive dismissal, not 14th October 2013 when the Commission's decision was communicated
The Respondents' own defence dated the accrual of the cause of action to 29th July 2016 when the Claimant resigned and the Parliamentary Service Commission accepted the resignation. Applying the constructive dismissal principles in the authorities relied on by the Claimant, the limitation clock runs from termination of the employment relationship. A suit filed on 26th July 2019 fell within the three-year period prescribed by Section 90 of the Employment Act, so the objection lacked merit.
Whether the preliminary objection on limitation defeated the Court's jurisdiction
The preliminary objection was baseless and was dismissed with costs
The Respondents argued that Section 90 of the Employment Act barred the claim because the cause of action arose on 14th October 2013. The Court accepted the accrual date of 29th July 2016 used in the Respondents' own defence, finding the suit filed on 26th July 2019 was within the statutory period. The objection therefore failed to establish a bar on jurisdiction.
Legal principles established
#- Where an employee's employment ends by resignation or constructive dismissal, time under Section 90 of the Employment Act runs from the date the employment relationship ended, and a suit filed within three years of that date is not time-barred.
Court orders
#- 1.The preliminary objection is dismissed with costs to the Claimant
- 2.The Court will assign a date for pre-trial compliance and subsequently set a hearing date
- Jurisdiction invoked
- Jurisdiction of the Employment and Labour Relations Court over employment claims; limitation governed by Section 90 of the Employment Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Eunice Shamia Lumallas v Parliamentary Service Commission & another [2021] KEELRC 1607 (KLR)", Case Analysis (2021). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1607/eng@2021-01-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.