Transport Workers Union v Hajji Issa Adams & Sons Limited [2013] KEELRC 771 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 771
- Citation
- [2013] KEELRC 771 (KLR)
The grievant was found to be a casual employee and not entitled to notice or service pay. The claim for underpayment is upheld.
Facts
Kevin Otieno Adipo was employed as a Spray Painter by Hajji Issa Adams & Sons Limited from September 1999 to December 2007. He was paid a daily rate of Kshs. 280. His employment was terminated on December 17, 2007, and he was paid 12 days' pay. The Claimant, Transport Workers Union, filed a lawsuit for unfair termination and failure to pay terminal benefits.
Issues
- Status of grievant's employment
- Notice entitlement
- Service pay entitlement
- Underpayment claim
Reasoning
The Employment Act, 2007 was in effect at the time of the grievant's employment, but the repealed Employment Act, 2007 was applicable. The grievant was paid daily and was therefore a casual employee.
Outcome
The grievant's claim for notice and service pay is dismissed. The claim for underpayment is upheld and the Respondent is directed to issue a Certificate of Service.
Orders
- The grievant's claim for notice and service pay is dismissed.
- The Respondent is directed to issue a Certificate of Service.
Remedies
- Certificate of Service
Authorities cited
Legislation (1)
- Employment Act, 2007
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