Karisa Mody Akiba v Corrugated Sheets Ltd [2019] KEELRC 972 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 972
- Citation
- [2019] KEELRC 972 (KLR)
- Decided
- 31 July 2019
Summary at a glance
TypeEmployment DisputePostureAppeal from a previous decisionCoramJames Rika
The Claim is rejected with no order on the costs as the Claimant failed to discharge his burden of proof under Section 47(5) of the Employment Act and the Respondent offered reinstatement as a remedy.
Facts
The Claimant, Karisa Mody Akiba, was employed as a Weighbridge Clerk by the Respondent, Corrugated Sheets Ltd, on 27th November 2012. He was paid a daily wage of Kshs. 683. The Claimant's contract was terminated on 22nd July 2015, and he filed a Statement of Claim for various claims including public holidays, annual leave, unpaid salary, and compensation.
Issues
- Whether the termination of the Claimant's contract was fair
- Whether the Respondent should be held liable for the unpaid salary and other claims
Reasoning
The Court found that the termination was not instigated by the Respondent and that the Claimant did not discharge his burden of proof. The Respondent offered reinstatement as a remedy, which nullified the Claimant's continued demand for terminal benefits and compensation.
Outcome
The Claim is rejected with no order on the costs
Authorities cited
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