Hela Intimates EPZ Limited v Linos Ngorere Okuyu [2019] KEELRC 924 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 924
- Citation
- [2019] KEELRC 924 (KLR)
Summary at a glance
TypeAppealPostureFirst appeal from a judgment of Senior Principal Magistrate in Mavoko CourtCoramSarah
The court finds that the respondent was an employee of the appellant and was injured in the course of employment. The court also finds that the trial court had jurisdiction to hear the case.
Facts
The respondent claimed he was injured by a heavy machine while at the appellant's company on June 11, 2016. The appellant denied the allegations and claimed the respondent was trespassing in restricted areas.
Issues
- Whether the respondent was an employee of the appellant.
- Whether the respondent was injured in the course of employment.
- Whether the trial court had jurisdiction to hear the case.
- Whether the trial magistrate erred in failing to consider the appellant's submissions.
Reasoning
The court agrees with the trial magistrate's finding that the respondent was an employee and was injured in the course of employment. The court also finds that the trial magistrate did not misdirect himself in these findings.
Outcome
Affirming the judgment of the trial court.
Authorities cited
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