Omar Mohammed Soha & another v Kitale Industries Limited & another [2019] KEELRC 1627 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1627
- Citation
- [2019] KEELRC 1627 (KLR)
- Decided
- 14 May 2019
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramHon. Lady Justice Maureen Onyango
The claimants were employees of both the 1st and 2nd respondents. The termination was unfair, and they are entitled to compensation.
Facts
Claimants were employed by Kitale Industries Limited and Ready Consultancy Group as drivers and loaders. They were falsely accused of theft and subsequently terminated.
Issues
- Whether the claimants were employees of the 1st or 2nd respondent
- Whether the claimants were unfairly terminated
- Whether the claimants are entitled to the remedies sought
Reasoning
The claimants were employees of both respondents based on the control test and the definition of employer under the Employment Act. The termination was unfair as the respondents failed to comply with the Employment Act.
Outcome
The claimants were awarded compensation for unfair termination.
Orders
- Award of compensation to the claimants
Remedies
- Compensation for unfair termination
Authorities cited
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