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Alex Ocharo v Comply Industry Limited [2017] KEELRC 146 (KLR)

[2017] KEELRC 146 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
146
Citation
[2017] KEELRC 146 (KLR)
Decided
7 December 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramRadido Stephen
Holding

The Claimant is awarded compensation of Kshs 56,100/- and costs.

Facts

The Claimant, Alex Ocharo, alleged breach of contract and unfair termination of employment against Comply Industries Limited. The parties agreed on issues for determination, but no agreement was reached. The Claimant testified, and the Respondent's witnesses were heard.

Issues

  1. Whether the Claimant was an employee of the Respondent and the terms thereof
  2. Whether the Claimant's contract was of a casual nature or not

Reasoning

The Claimant served the Respondent for over 5 years and was on casual terms from 2010 to 2015. The Respondent should have drawn a formal contract but failed to do so.

Outcome

Claimant wins

Orders

  • Award of compensation of Kshs 56,100/-
  • Award of costs to the Claimant

Remedies

  • Compensation of Kshs 56,100/-
  • Award of costs

Authorities cited

Legislation (1)
  • Employment Act, 2007
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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