Jacqueline Kamene Munguli [Munguti] v Pan Africa Express Transport Limited [2018] KEELRC 448 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 448
- Citation
- [2018] KEELRC 448 (KLR)
The Court held that the Claimant was an Independent Contractor under the second contract and declined the Claimant's prayers.
Facts
The Claimant, Jacqueline Kamene Munguli, was employed by the Respondent, Pan Africa Express Transport Limited, initially as a Sales Territory Manager on a contract dated 10th October 2013. The gross monthly salary was Kshs. 126,000. The contract was terminated without just cause on 5th May 2014. The parties later entered into a second contract on 14th January 2015, where the Claimant was engaged as an Independent Contractor. The contract was terminated on 5th January 2016.
Issues
- Whether the Claimant was an Employee or an Independent Contractor under the second contract.
- Whether the Claimant was owed salary, arrears, and other benefits under the second contract.
Reasoning
The Court found that the second contract explicitly stated the Claimant was an Independent Contractor and not an Employee. The Claimant's failure to meet the conditions for employment termination made the termination valid.
Outcome
The Court entered a final judgment in favor of the Claimant, declining the Claimant's prayers under the second contract.
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