Samson Wanderi Wambugu v Royal Oilfield Logistics [2016] KEELRC 777 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 777
- Citation
- [2016] KEELRC 777 (KLR)
- Decided
- 5 August 2016
The court held that the claimant was not an employee of the respondent and was employed on a casual basis, thus not entitled to compensation for unlawful and unfair termination of employment.
Facts
Claimant was orally employed by respondent on 12th July 2013 as a driver with an initial salary of Kshs.12,000, which rose to Kshs.23,000 by August 2013. He was on probation for three months and was given a written contract on 19th September 2013. His employment was terminated on 23rd November 2013 without notice, and he was not given a reason for termination.
Issues
- For how long did the claimant serve the respondent?
- Whether the respondent kept the claimant lawfully under probation and was therefore entitled to terminate the same without notice.
- What remedies if at all is the claimant entitled to?
Reasoning
The court found that the claimant was not an employee but a casual worker, and his employment was terminated without notice, which was not unlawful.
Outcome
The court dismissed the claimant's suit.
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