Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…That was done, with the enactment of the Employment and Labour Relations Court Act.…
…The jurisdiction, carved out for the Employment and Labour Relations Court by Article 162(2) of the Constitution, is exercised by the Employment and Labour Relations Court together with the Magistrate’s Court, by dint of…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…of employment between them which includes the conditions of employment.” 4.…
…and Labour Relations Act, 2011, grants the Employment and Labour Relation Court (‘’the ELRC’’) exclusive jurisdiction to hear appeals from courts and tribunals on labour and employment disputes.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…and Labour Relations Act as read with section 87(1)(b) and (2) of the Employment Act, 2007 and that it ought to have been filed in the Employment and Labour Relations Court (“ELRC”).…
…Pursuant to this power, Parliament enacted the Employment and Labour Relations Court Act.…
Division and case type: High Court DivCivil Appeal
…Section 10(5), Work Injury Benefits Act (WIBA) stipulates as follows: “For the purposes of this Act, the conveyance of an employee to or from the employee’s place of employment for the purpose of the employee’s employment…
…Section 16 of WIBA explicitly bars common law civil claims for employment-related injuries.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Although the alleged acts occurred in the course of employment, the pleadings reveal that the Appellant’s claim is for recovery of funds allegedly lost through fraudulent diversion of goods, and not one relating to employment…
…Accordingly, I find and hold that the claim does not constitute an employment dispute within the meaning of Section 12(1) of the Employment and Labour Relations Court Act. 14.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The data had been captured within the context of employment, and once the employment relationship terminated, the basis, for the continued use of the data, was lost.…
…In the context of employment, that exploitation would have been remunerated, by salary or commission, as part of the employment terms.…
Division and case type: High Court DivCivil Appeal
…The trial court, while noting the employment issue, nonetheless proceeded to render judgment without conclusively determining the employment relationship.…
…arising from employment relationships and work injury claims.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Pursuant to Article 162(2) of the Constitution the Employment and Labour Relations Court Act (Chapter 234B) Laws of Kenya establishes the Employment and Labour Relations Court.…
…and labour relations including disputes relating to or arising out of employment between an employer and an employee. 12.…
Division and case type: High Court DivCivil Appeal
…The claimant’s claim offends the mandatory provisions of Section 12 of the Employment and Labour Relations Act, 2012.…
…Section 86 of the Employment Act which the appellant has heavily relied on gives three categories of the nature of disputes that should be exclusively tried by the Employment and Labour Relations Court.…
Division and case type: Anti-CorruptionCivil Appeal
…Thus, a master is not liable for negligence committed outside the scope of his employment.…
…The County Court judge decided that at the time of the accident, the coachman was not acting within the scope of his employment.…
Division and case type: High Court DivCivil Appeal
…and Labour Relations Court Act, the jurisdiction over the matter is vested in the Employment and Relations Court.…
…Section 12(a) as read together with Section 12(1)(v) of the Employment and Labour Relations Court clearly exclusively places this matter under jurisdiction of the Employment and Labour Relations Court.…
Division and case type: High Court DivCivil Appeal
…It is their submission that courts have dealt with road accident claims in the course of employment on a case to case basis and it is their submission where a road traffic accident occurs in the course of employment same…
…which reserve employment and labour disputes for the Employment and Labour Relations Court (ELRC).…
Division and case type: High Court DivCivil Appeal
…It is their submission that courts have dealt with road accident claims in the course of employment on a case to case basis and it is their submission where a road traffic accident occurs in the course of employment same…
…which reserve employment and labour disputes for the Employment and Labour Relations Court (ELRC).…
Division and case type: High Court DivCivil Appeal
…It is their submission that courts have dealt with road accident claims in the course of employment on a case to case basis and it is their submission where a road traffic accident occurs in the course of employment same…
…which reserve employment and labour disputes for the Employment and Labour Relations Court (ELRC).…
Division and case type: High Court DivCivil Appeal
…It is their submission that courts have dealt with road accident claims in the course of employment on a case to case basis and it is their submission where a road traffic accident occurs in the course of employment same…
…which reserve employment and labour disputes for the Employment and Labour Relations Court (ELRC).…
Division and case type: High Court DivCivil Appeal
…It is their submission that courts have dealt with road accident claims in the course of employment on a case to case basis and it is their submission where a road traffic accident occurs in the course of employment same…
…which reserve employment and labour disputes for the Employment and Labour Relations Court (ELRC).…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It resolves disputes regarding employment, labor relations, unions, and fair practices. 8. Section 12 of the Employment and labour relations Act, No 234B of the law of Kenya provide that; .…
…and labour relations including— (a) disputes relating to or arising out of employment between an employer and an employee ; 9.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Her case was that the respondent was her employer, and that she was injured in the course of the employment.…
…There is no doubt that the suit turned on an employment relationship between the appellant and the respondent. The dispute turned on conditions of work, and, therefore, it was an employment and labour relations suit. 4.…
Division and case type: High Court DivCivil Appeal
…It is their submission that courts have dealt with road accident claims in the course of employment on a case to case basis and it is their submission where a road traffic accident occurs in the course of employment same…
…which reserve employment and labour disputes for the Employment and Labour Relations Court (ELRC).…
Division and case type: High Court DivCivil Appeal
…It is their submission that courts have dealt with road accident claims in the course of employment on a case to case basis and it is their submission where a road traffic accident occurs in the course of employment same…
…which reserve employment and labour disputes for the Employment and Labour Relations Court (ELRC).…