Rudolf Shitandi Daraja v John Brown Shilenje T/A JB Shilenje & Company Advocates [2018] KEELRC 2468 (KLR)

Facts

The claimant Rudolf Shitandi Daraja was employed as a court clerk by the Respondent John Brown Shilenje T/A JB Shilenje & Company Advocates from August 21, 2013, to December 20, 2014. The employment was terminated without notice or payment of terminal benefits after the claimant declined to withdraw a pending suit against his former employer.

Issues

1. Whether the claimant was a temporary employee or a protected employee under the Employment Act.
2. Whether the claimant absconded work or the employment was wrongfully and unfairly terminated.
3. Whether the claimant is entitled to the reliefs sought.

Reasoning

The employment was deemed permanent due to the continuous work period and the conversion of the contract from a temporary to a permanent one. The dismissal was found to be unlawful and unfair, and the claimant is entitled to compensation.

Outcome

The claimant is awarded five (5) months salary in compensation.

Authorities cited