Harrison Meshack Lusimbo & another V Mareba Enterprises Limited [2013] KEELRC 479 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 479
- Citation
- [2013] KEELRC 479 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramHON. LADY JUSTICE MAUREEN ONYANGO
Holding
The Claimant is entitled to 1 month's salary in lieu of notice and other terminal benefits.
Facts
The Claimants were employed as casual workers by the Respondent. The Claimant, Harrison Meshack Lusimbo, worked from Monday to Saturday, making bricks and roofing tiles. He was paid weekly and was dismissed on February 3, 2011. He claimed unfair dismissal and sought compensation.
Issues
- the legal status of employment of the Claimant at the time he left employment.
- whether the Claimant is entitled to any of the prayers in his claim.
Reasoning
The Employment Act 2007 defines a casual employee and provides for conversion to a monthly contract. The Claimant qualifies as a monthly employee and is entitled to terms and conditions including annual leave and service pay.
Outcome
The Claimant is awarded 1 month's salary in lieu of notice and other terminal benefits.
Orders
- 1 month's salary in lieu of notice
- terminal dues and compensatory damages
Remedies
- payment of terminal dues and compensatory damages
- costs of the case plus interest
Authorities cited
Legislation (1)
- Employment Act 2007
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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