Rosemary Khatonde Mulama v Indu Farm (EPZ) Limited [2015] KEELRC 190 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 190
- Citation
- [2015] KEELRC 190 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant seeks compensation and leave pay, Respondent defends as casual employee and denies medical grounds for terminationCoramLINNET NDOLO
Holding
Claimant was a regular employee, not a casual one. Termination was not on medical grounds, but due to her own decision to stop working.
Facts
Claimant worked as a grader from September 2003, developed chest and spinal injuries, and was medically advised to cease working in October 2010. She was paid weekly, not daily.
Issues
- nature and status of employment
- termination mode
- entitlement to remedies
Reasoning
Employment status determined by NSSF contributions and staff identity card. Illness was not an occupational disease, and no medical board procedure was followed.
Outcome
Claimant's claim dismissed except for leave pay and service pay
Orders
- Each party to bear their own costs
Remedies
- Leave pay (Kshs.41,328.00)
- Service pay (Kshs.29,520.00)
Authorities cited
Legislation (2)
- Employment Act, 2007
- Work Injury Benefits Act
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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