Safari Joseph Ngala & 2 others v Rapid Kate Services Ltd [2017] KEELRC 1360 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1360
- Citation
- [2017] KEELRC 1360 (KLR)
- Decided
- 28 April 2017
Summary at a glance
TypeEmployment DisputePostureAppeal DismissedCoramO.N. Makau
The claimants were not employed by the respondent and therefore the suit is dismissed for want of merits.
Facts
The claimants were employed as casual workers by the respondent in the loading and offloading department. They were dismissed on the grounds of theft on 23/3/2014 and 10/7/2014.
Issues
- Whether the claimants were employed by the respondent or by an independent contractor
- Whether the claimants were unfairly dismissed
- Whether the claimants are entitled to the reliefs sought
Reasoning
The court found that the claimants were employees of an independent contractor retained by the respondent to provide temporary labour. As there was no employment relationship, the claim of unfair termination is not valid.
Outcome
The suit is dismissed for want of merits.
Orders
- The suit is dismissed
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…