Moses Waithaka Ngunje v Liberty Life Assurance Kenya Limited [2019] KEELRC 868 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 868
- Citation
- [2019] KEELRC 868 (KLR)
- Decided
- 24 September 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant seeks 3 months pay in lieu of notice, costs and interest. Respondent seeks dismissal of claim.CoramNzioki wa Makau
Holding
The Claimant was an agent and not an employee. The suit is incompetent and an abuse of the court process.
Facts
Claimant was employed as a team leader earning Kshs. 160,000/- per month. He signed a contract reducing his salary to Kshs. 100,000/-, but the Respondent did not pay him. Claimant was dismissed without notice.
Issues
- Whether Claimant was an employee or an agent.
- Whether the dismissal was for failure to meet performance standards or for failure to perform duties for 7 consecutive days.
- Whether the Claimant is entitled to 3 months pay in lieu of notice, costs and interest.
Reasoning
The contract was a contract of engagement, not a contract of employment. The Claimant was entitled to a subsidy as remuneration, not a salary. The dismissal was for failure to perform duties for 7 consecutive days, not for failure to meet performance standards.
Outcome
Dismissal of the claim with no order as to costs.
Authorities cited
Cases cited (4)
- Vitalis Oliewo K’omudho v AAR Health Services [2016] eKLR
- Simon Njuguna Kago v Pan African Life Assurance Limited [2018] eKLR
- Evans Musya Musunzar v Jubilee Insurance Company of Kenya Limited [2018] eKLR
- John Kawa Ilume v Gemina Insurance Co. Ltd [2014] eKLR
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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