Joab Atte Okada v Bayer East Africa Limited [2019] KEELRC 1722 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1722
- Citation
- [2019] KEELRC 1722 (KLR)
Summary at a glance
TypeEmployment DisputePostureClaimant's Appeal
The claimant is an independent contractor and the termination of employment was not premature. The suit is dismissed.
Facts
Claimant was employed as a Product Demonstrator by Respondent from 1998 to 2013. He was promoted to BCS Promoter/Area Sales Representative. Employment was terminated on 31 December 2013 without notice and with erroneous terminal dues calculation.
Issues
- Whether the termination of employment was premature and without reason.
- Whether the claimant is an independent contractor or an employee for the purpose of entitlement to benefits and compensation.
Reasoning
The court held that the claimant was an independent contractor based on the terms of the engagement letter and the nature of the services provided. The respondent was not liable for statutory deductions or benefits as the claimant was not an employee.
Outcome
Dismissed
Authorities cited
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