KENYA UNION OF COMMERCIAL FOOD AND ALLIED WORKERS V MWANA BLACK SMITH LIMITED [2013] KEELRC 502 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 502
- Citation
- [2013] KEELRC 502 (KLR)
- Decided
- 26 February 2013
The grievant's claim fails as the Claimant did not produce any document to prove an employment relationship between the grievant and the Respondent.
Facts
The grievant, Kenneth Ouma Obonyo, was employed by Mwana Blacksmith as a night guard from January 2001 to March 2009. He resigned by written notice but did not provide the document. The Claimant, Kenya Union of Commercial Food and Allied Workers, sued Mwana Blacksmith on behalf of the grievant for unfair termination and failure to pay terminal dues.
Issues
- Whether there existed an employment relationship between the grievant and Mwana Blacksmith
Reasoning
The Court dismissed the grievant's claim as the Claimant failed to prove the existence of an employment relationship. The Court relied on the principle that the Claimant must prove the existence of an employment relationship through viva voce evidence.
Outcome
The Claimant's claim is dismissed. The Claimant Union will pay the costs of this case.
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (1)
- Mary Mmbone Mbayi Vs Chandubhai Patel & Another (Industrial Cause No. 761 of 2011)
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