Wilson Alivisa Mulwanda & 3 others v Ellams Products Ltd [2015] KEELRC 338 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 338
- Citation
- [2015] KEELRC 338 (KLR)
The court found that the employees were not casual employees as their contracts had been converted to term contracts. The termination of the 3rd Claimant's contract was found to be unfair due to lack of evidence of transfer and refusal to report.
Facts
Wilson Alivisa Mulwanda, Gerald Kimemia, Patrick Mbihane, and Caroline Ijaluh Malenge were employed by Ellams Products Ltd as casual labourers. They alleged wrongful termination and sought compensation and other benefits.
Issues
- Whether the employees were casual employees
- Whether there was a valid reason for termination
- Whether the Respondent complied with fair procedure
- Whether the employees are entitled to the remedies sought
Reasoning
The court determined that the employees were not casual laborers due to the conversion of their contracts under Employment Act Section 37. The 3rd Claimant's termination was found unfair as there was no evidence of transfer or refusal to report.
Outcome
Affirmed the original trial decision
Remedies
- 1 month's salary in lieu of notice
- Leave
- House Allowance
- Unremitted NSSF
- Compensation
- Costs and interest
Authorities cited
Legislation (1)
- Employment Act
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