Frank Saenger v Afrikon Limited [2019] KEELRC 802 (KLR)

Facts

Claimant Frank Saenger claimed he was an employee of Respondent Afrikon Limited, working as Operations Director from September 2012 to December 2013. He alleged unfair termination and sought salary payments, notice pay, damages, and interest. Respondent denied employment and claimed Saenger was an independent contractor.

Issues

1. Whether Claimant was an employee
2. Whether employment contract was unfairly terminated
3. Whether Claimant is entitled to the reliefs sought

Reasoning

The court found that Claimant's testimony and the oral testimony of the witness were not controverted, and the respondent did not deny the employment relationship. The court applied the definitions of employee and employment contract in section 2 of the Employment Act and the tests of employer-employee relationship set out by judicial precedents.

Outcome

Claimant's claim for payment of outstanding salary dues, one month's salary in lieu of notice, damages, compound interest, and costs was upheld.

Authorities cited