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…Section 89 of the Employment Act does not envisage an extension to file claims out of time.…

…To seek an enlargement of time under Section 89 of the Employment Act is unnecessary, as such a matter cannot aid the applicant. The rationale is that section 98 of the Employment Act is couched in mandatory terms.…

…In this case, the counterclaim dated 9 May 2024 is time-barred by Section 98 of the Employment Act having been filed 3 years after the cause of action arose.…

…Under Section 89 of the Employment Act, a party is allowed 3 years to file a claim seeking employment injury or damage.…

…The Claimant avers that in terminating his employment the Respondent breached the provisions of the Employment Act and the Regulations of Wages and Conditions of the Employment Act. 4.…

…It was contended that the Claimant’s employment was lawfully and fairly terminated in accordance with the Employment Act. 5.…

…No notice had been served under Section 40 of the Employment Act or a report made to the labour officer that there was a redundancy.…

…There was no effort whatsoever in addressing the provisions of Section 41 of the Employment Act either.…

…Act.…

…Under the provisions of Section 35(5) and (6) of the Employment Act, service pay is not due.…

…This was contrary to sections 41, 43, and 45 of the Employment Act and Article 51(2) of the Constitution.…

…Employment from one employer to the next became protected under Section 12(6) and (7) of the Employment Act.…

…The Appellant was, therefore, entitled to plead unfair termination pursuant to Section 45(3) of the Employment Act. 18.…

…The Appellant’s employment was terminated without notice pursuant to Section 35(1) (c) of the Employment Act, and this rendered the termination unfair.…

…That the same ought to be read as merely intended to defeat the provisions of sections 40,41,43,45 and 49 of the Employment Act.…

…Act.…

…There was no notice to the union or labour officer, and hence failed to meet the provisions of sections 40, 43, 78, 77 and 76 of the Employment Act.…

…Section 12 (6) of the Employment Act is intended to insulate employees caught up in business changes without their knowledge.…

…He was then directed to leave the premises leading to summary dismissal contrary to Sections 40, 41, 43 and 45 of the Employment Act.…

…Such is limited under Section 90 of the Employment Act.…

…He was then directed to leave the premises leading to summary dismissal contrary to Sections 40, 41, 43 and 45 of the Employment Act.…

…Such is limited under Section 90 of the Employment Act.…

…The respondent was employed until August 2021, and following the process under Article 13 of the ILO Convention No.158 and Section 40 of the Employment Act, employment was terminated.…

…There were no valid reasons or procedural fairness contrary to sections 41, 43 and 45 of the Employment Act.…

…That the same violates Article 39,41 and 47 of the Constitution and section 40 and 41 of the Employment Act.…

…That the action amounts to gross misconduct as per section 44 (a) of the Employment Act that warrants summary dismissal.…

…The respondent failed obey the Appellants supervisor’s lawful order and in accordance to the Employment Act.…

…It is noteworthy that the reason for termination must be a valid and fair as provided for under section 43 of the Employment Act.…

…Counsel submitted that Section 43 of the Employment Act places the burden on the employer to prove that the termination was fair.…

…Counsel submitted that section 41 of the Employment Act provides for the right of employee to be heard even on cases of summary dismissal.…

…The single issue for determination in the application is whether this Court has jurisdiction to extend time for filing claims based on the Employment Act or arising from contracts of service generally. 8.…

…It is unambiguously clear from the foregoing statutory provision that Section 4(1) of the Limitation of Actions Act does not apply to matters based on the Employment Act or arising from contracts of service.…

…It is not one of the dictates of Section 41 of the Employment Act that the invitation to a disciplinary hearing must be in writing. 23.…

…Section 43 of the Employment Act places a duty on the employer to prove the reason for dismissal in disputes regarding the termination of an employee's employment.…

…It is deponed in the said affidavit:- a) that the Applicants were in 2016 declared redundant by the 1st Respondent in a manner that was inconsistent with Section 40 of the Employment Act 2007, and that a suit filed by the…

…The application is unopposed; and the single issue for determination is whether this Court is vested with jurisdiction to extend time for filing suits/claims arising from contracts of service or based on the Employment Act…

…According to this Court, the Respondent was obligated to prove this assertion on a balance of probabilities under section 10[7] of the Employment Act.…

…Consequently, she was entitled to the protections and rights that the Employment Act provides to employees.…