Joseph Nyaga v United Millers Limited [2019] KEELRC 1008 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1008
- Citation
- [2019] KEELRC 1008 (KLR)
- Decided
- 7 March 2019
Summary at a glance
TypeConstructive DismissalPostureAppeal OutcomeCoramM. MBARU JUDGE
The claimant's employment relationship with the respondent ended in May 2010, and any claims for constructive dismissal are time-barred.
Facts
The claimant was employed as a Sales Executive by the respondent from May 2003. In 2010, the claimant was relocated to Nakuru and his earnings became commission-based. The respondent allegedly withheld earnings, imposed arbitrary deductions, and engaged in unfair competition.
Issues
- Constructive dismissal
- Unpaid salary arrears
- Commission-based earnings
- Unfair termination
Reasoning
The court held that the claimant ceased being an employee covered under the Employment Act in May 2010, and any claims for due salaries, unpaid earnings, and damages for unfair termination are not within the court's jurisdiction.
Outcome
The claim is hereby struck out. No orders to costs.
Authorities cited
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