John Matete Abayo v Digital Imaging Systems Limited [2018] KEELRC 389 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 389
- Citation
- [2018] KEELRC 389 (KLR)
- Decided
- 7 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's Initial Memorandum of Claim denied by Respondent's Memorandum in ReplyCoramNdolo
Holding
The Court finds that the Claimant was not an employee of the Respondent as there was no contract of service. The relationship was not an employer-employee relationship.
Facts
Claimant worked for Respondent from 2002 to 2010, receiving a retainer of Kshs.30,000, housing allowance of Kshs.8,000, and commissions. He claimed constructive dismissal due to non-payment of dues and lack of housing allowance.
Issues
- Whether the Claimant was an employee of the Respondent
- Whether the Court has jurisdiction to determine the matter
Reasoning
The Claimant's testimony and documents did not establish an employer-employee relationship. The Employment Act defines an employee as one employed for wages or salary, and the Claimant's agreement was for a retainer and commissions.
Outcome
The Court dismissed the claim.
Authorities cited
Legislation (1)
- Employment Act
Cases cited (1)
- John Kamau Mburu v Program for Appropriate Technology in Health (Path) & Another [2015] eKLR
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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