Martin Wamae Wangu & 295 others v Bidco Africa Ltd [2018] KEELRC 2528 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2528
- Citation
- [2018] KEELRC 2528 (KLR)
- Decided
- 13 July 2018
The court declares the claimants employees of the respondent by virtue of section 37(1) and (3) of the Employment Act.
Facts
The claimants were casual workers who refused to sign new contracts under a policy of eliminating casual workers. They were locked out of the premises and later filed a lawsuit.
Issues
- Whether the claimants are entitled to service pay as employees
- Whether the claimants were unfairly terminated
Reasoning
The court found that the claimants were casual workers who had worked for an aggregate period of one month and were thus deemed to be employees entitled to monthly wages and other terms and conditions of service.
Outcome
The claimants are declared employees and ordered to be compensated as follows: one month's salary in lieu of notice, one month's salary in lieu of leave for each complete year of service from 2009 to 2013, and costs of the suit.
Orders
- To declare the claimants employees of the respondent by virtue of section 37(1) and (3) of the Employment Act
Remedies
- One month's salary in lieu of notice on termination of service
- One month's salary in lieu of leave for each complete year of service from 2009 to 2013
- Costs of the suit
Authorities cited
Legislation (1)
- Employment Act
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