John Otieno Barasa v Mutsimoto Motors Company Limited [2019] KEELRC 2571 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2571
- Citation
- [2019] KEELRC 2571 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's AppealCoramM. MBARU JUDGE
Holding
The claims for gratuity and underpayments are dismissed as the claimant was not unionized and received gratuity at the end of each contract.
Facts
The claimant was employed by the respondent from August 2, 2012, to November 30, 2016. He worked under short-term contracts and received gratuity at the end of each contract. The respondent argued that the claimant was not unionized and thus, the claims for gratuity and underpayments were not due.
Issues
- End of contract
- Payment of gratuity
- Underpayment of wage
Reasoning
The Employment Act, 2007, does not apply as the claimant was not unionized. The respondent's argument that the claimant was not unionized and thus, the claims for gratuity and underpayments were not due is upheld.
Outcome
The claims made are found without merit and are hereby dismissed in the entirety.
Orders
- The claimant shall meet the costs of the respondent.
Authorities cited
Legislation (1)
- Employment Act, 2007
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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