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Beatrice Kerubo Ombaye[Suing on behalf of Philip Nyachoti Ongubo] v United Millers Limited [2019] KEELRC 100 (KLR)

[2019] KEELRC 100 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
100
Citation
[2019] KEELRC 100 (KLR)
Decided
11 December 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramM. MBAR?
Holding

The claims are dismissed as the employment was on casual terms, and the claimant did not provide a medical certificate as required by law.

Facts

Philip Nyachoti Ongubo was employed by United Millers Limited as a general worker from November 2010. He fell sick in February 2014 and was taken home by an officer. He returned to work but was barred without explanation. He filed a claim for notice pay, overtime pay, and compensation.

Issues

  1. Employment status and termination
  2. Overtime pay and rest days
  3. Medical leave and medical certificates

Reasoning

The court found the employment was casual and the claimant did not comply with the legal requirement to inform the employer of his illness and produce a medical certificate.

Outcome

Claims dismissed

Authorities cited

Legislation (1)
  • Employment Act, 2007
Cases cited (3)
  • Dorothy Ndungu versus Machakos University [2016] eKLR
  • Ronalo Hamisi versus Orascom Construction Company Cause No.1477 of 2015
  • Anne Wairimu Kimani versus Kenya Agricultural Livestock Research Organisation (KALRO) [2017] 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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