Krystalline Salt Limited v Kwekwe Mwakele & 67 others [2017] KECA 717 (KLR)

Facts

The respondents worked in the appellant's salt manufacturing plant in Changamwe, Mombasa for diverse periods between 2008 and 2013. They were paid Kshs. 2.00 per bale of 40 packets of 500 gram salt, paid weekly in arrears. The respondents claimed unfair termination of employment, seeking one month leave for every 12 months worked, severance pay, and underpayment.

Issues

1. Whether the respondents were employed on regular contracts of service
2. Whether the respondents voluntarily deserted work or were unlawfully declared redundant
3. Whether the respondents were entitled to the reliefs they had prayed for

Reasoning

The court found the respondents were employed under separate contracts of service due to recruitment, training, issuance of uniform, supervision, and disciplinary action. The termination was unfair but not a declaration of redundancy. The court awarded compensation for 3 months of the gross monthly wage for those with 5 or more years of service.

Outcome

Appeal successful

Authorities cited