Kenya Building, Construction, Timber and Furniture Industries Employees v Kartar Singh Dhupar [2020] KEELRC 1846 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1846
- Citation
- [2020] KEELRC 1846 (KLR)
- Decided
- 24 January 2020
The court finds that the respondent failed to prove that the grievant was not its employee and that the respondent is the company that was sued, not the father of the witness. The Regulation of Wages (Building Construction Industry) Order, 2004 is still in force.
Facts
The claimant, a trade union, represents a worker (the grievant) who was employed by the respondent as a store keeper. The grievant was terminated on account of pregnancy and seeks terminal dues on her behalf.
Issues
- Whether the claimant was unfairly terminated by the respondent on account of pregnancy.
- Whether the claimant is entitled to the prayers sought.
- The applicable law.
Reasoning
The court considered the pleadings and evidence on record, finding that the respondent did not provide employment records to prove the grievant was not its employee, and that the respondent is the company that was sued.
Outcome
The court dismissed the appeal and ordered the respondent to pay the grievant the terminal dues as claimed.
Orders
- The respondent is ordered to pay the grievant the terminal dues as claimed.
Remedies
- Payment of terminal dues as claimed.
Authorities cited
Legislation (4)
- Employment Act
- Labour Institutions Act
- Regulation of Wages (Building Construction Industry) Order, 2004
- Labour Institutions (Building and Construction Industry) (Wage) Order, 2012
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