Simon Peter Ingosi v Board of Directors Eregi Teachers’ College [2018] KEELRC 796 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 796
- Citation
- [2018] KEELRC 796 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeUnlawful Termination of EmploymentPostureRespondent's Motion to DismissCoramMathews N. Nduma
Holding
The Court dismisses the suit as the Claimant was not in continuous employment with the Respondent and any claim for work done before June 2007 is time-barred.
Facts
Claimant was employed as a grounds mason in January 1997 and was retrenched in 1998. He was re-employed in August 2009 and was verbally terminated on June 10, 2013. The Respondent produced piece rate contracts for the period of his alleged employment.
Issues
- Whether the Claimant was in continuous employment with the Respondent at the material time.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The Court finds that the Claimant was on and off in the employ of the Respondent and was not in continuous employment. The piece rate contracts contradict the Claimant's testimony.
Outcome
Dismissed
Orders
- Each party to bear their own costs
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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