Josephat Makhule Atsangalala v Arch Angel Michael Orthodox Church [2019] KEELRC 50 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 50
- Citation
- [2019] KEELRC 50 (KLR)
- Decided
- 19 December 2019
Summary at a glance
TypeEmployment DisputePostureAppeal from a dismissal of the claimant's suitCoramBYRAM ONGAYA
Judgment is hereby entered for dismissal of the claimant's suit with no orders on costs
Facts
The claimant, Josephat Makhule Atsangalala, was employed by the respondent, Arch Angel Michael Orthodox Church, as a Gardener from January 2007. He was terminated on June 1, 2016. The claimant alleged unfair termination, while the respondent argued that he was an independent contractor.
Issues
- Whether the respondent employed the claimant
- Whether the Employment Act, 2007 applies to the dispute
Reasoning
The court found that the claimant was an independent contractor and not an employee of the respondent, thus the Employment Act, 2007 did not apply to the dispute.
Outcome
Dismissal of the claimant's suit
Orders
- Judgment for dismissal of the claimant's suit with no orders on costs
Authorities cited
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