Robert Kiteme Mutisya & 7 others v Mawara Holdings Limited (Cause 537 of 2018) [2018] KEELRC 275 (KLR) (Employment and Labour) (20 December 2018) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 275
- Citation
- [2018] KEELRC 275 (KLR)
- Decided
- 20 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramHellen S. Wasilwa
Holding
The court finds the dismissal to be unfair and declares it null and void. It orders the respondent to pay the claimants' terminal benefits, lost income, and NSSF contributions.
Facts
The claimants were employed as general labourers by the respondent. They alleged wrongful dismissal and failure to provide reasonable housing and wages. The respondent denied formal employment contracts and claimed the claimants were casual workers.
Issues
- Wrongful dismissal
- Unfair termination
- Unpaid wages
- Unpaid terminal benefits
- Unpaid NSSF contributions
- Unissued certificate of service
Reasoning
The court ruled that the claimants were not casual workers and thus entitled to permanent status and benefits. The respondent failed to comply with redundancy procedures.
Outcome
Affirmed
Orders
- Declaration of wrongful dismissal
- Payment of terminal benefits
- Payment of lost income
- Payment of NSSF contributions
- Issuance of certificate of service
Remedies
- Declaration of wrongful dismissal
- Payment of terminal benefits
- Payment of lost income
- Payment of NSSF contributions
- Issuance of certificate of service
Authorities cited
Legislation (3)
- Employment Act
- Regulation of Wages (General) (Amendment) Order
- Labour Institutions Act
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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