ALFRED OCHUKI V UNILEVER (K) LIMITED [2013] KEELRC 349 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 349
- Citation
- [2013] KEELRC 349 (KLR)
- Decided
- 6 May 2013
The Claimant was found to be a casual employee and not entitled to notice or redundancy pay. The Court awards the Claimant pay for one rest day per week for his entire period of service.
Facts
The Claimant, Alfred Ochuki, was employed by Unilever (K) Limited as a casual labourer from 1996 to 2006. He worked for three months at a time, with a promise of re-engagement after three months. He claimed redundancy pay, leave, notice pay, and service pay.
Issues
- Status of the Claimant's employment
- Claimant's entitlement to redundancy pay and leave
Reasoning
The Court determined that the Claimant's employment was governed by the Repealed Employment Act, which defined a casual employee as someone paid at the end of each day and not engaged for more than 24 hours at a time. The Act allowed casual employment to be terminated without notice.
Outcome
The Claimant's claims for redundancy pay, leave, and notice pay are dismissed. The Claimant is awarded pay for one rest day per week for his entire period of service.
Orders
- No order for costs
Remedies
- Pay for one rest day per week for the Claimant's entire period of service
Authorities cited
Legislation (1)
- Repealed Employment Act (cap 226)
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