Samin Juma Pekeshe v Mohamed Karim t/a Zamza Enterprise [2019] KEELRC 1607 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1607
- Citation
- [2019] KEELRC 1607 (KLR)
- Decided
- 23 May 2019
The Claimant is entitled to leave pay for two years in the sum of Kshs.46,200, which will attract interest from the date of judgment until payment in full. The Claimant is also entitled to a certificate of service plus costs of the case.
Facts
The Claimant was employed as a Forklift Driver by the Respondent from November 28, 2015, until October 30, 2017. The Respondent claims the Claimant was a casual employee, while the Claimant argues his employment was a term contract.
Issues
- Nature and status of the Claimant’s employment
- Whether the Claimant has made out a case of unfair termination
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Respondent's employment of the Claimant as a casual employee was not supported by leave records. The Claimant's claims for compensation and notice pay are dismissed as he declined to take up an employment offer. The claim for gratuity fails.
Outcome
In favour of the Claimant
Orders
- Judgment in favour of the Claimant in the sum of Kshs.46,200 for leave pay for two years
- Certificate of service
- Costs of the case
Remedies
- Leave pay for two years
Authorities cited
Legislation (1)
- Employment Act
Cases cited (1)
- Omar Ndaro Zuma v Modern Coast Express [2019] eKLR
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