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Crescent Construction Limited v Zakaria Maina [2016] KEELRC 1116 (KLR)

[2016] KEELRC 1116 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1116
Citation
[2016] KEELRC 1116 (KLR)
Decided
31 May 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Senior Principal MagistrateCoramMATHEWS NDERI NDUMA
Holding

The court dismissed the appeal and found that the respondent was an employee of the appellant and was entitled to severance pay.

Facts

The appellant, Crescent Construction Limited, claimed that the respondent, Zakaria Maina, was not its employee and therefore could not have terminated his employment. The respondent, however, claimed he was employed as a watchman and was entitled to severance pay.

Issues

  1. Whether the respondent was an employee of the appellant
  2. Whether the respondent was entitled to severance pay

Reasoning

The court found that the respondent was employed as a watchman and had worked continuously from 1996 to 2001, a period of 5 years and 3 months. The court also found that the respondent was entitled to severance pay for the period served.

Outcome

Appeal dismissed with costs

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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