Jackson Okoth v Wells Fargo Courier Ltd & another [2020] KEELRC 516 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 516
- Citation
- [2020] KEELRC 516 (KLR)
- Decided
- 17 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant seeks declaration of unlawful and unfair termination and compensation.CoramJustice Mathews N. Nduma
Holding
The court found that the claimant was an independent contractor, not an employee, and thus the termination was lawful and fair.
Facts
Claimant Jackson Okoth was employed as a Sales Executive by Wells Fargo Courier Ltd from December 2015. He was terminated in December 2016 without payment of terminal benefits. The 2nd respondent, Wells Fargo Ltd, was not the employer.
Issues
- Whether there was an employee/employer relationship between the claimant and the 1st respondent.
- If the answer to (i) above is in the affirmative, whether termination of the relationship was lawful and fair.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The court determined that the agreement between the claimant and the 1st respondent was for an indefinite term, with performance-based compensation and no fixed wage. The relationship was not an employee-employer one.
Outcome
The claimant's suit was dismissed.
Authorities cited
Legislation (1)
- Employment and Labor Relations Court Act
Cases cited (5)
- Owners of the Motor Vessel “Lilian ‘S’’ –VS- Caltex Oil (Kenya) Ltd (1989) KLR
- Trendrick Byakilo –VS- Mutiso Menezes international Unlimited (2010) eKLR
- Zachariah Keraum Maosa –VS- British American Insurance Co. (K) Ltd (2015) eKLR
- Kenya Hotel & Allied workers Union –VS- Alfaljin Villas (2014) eKLR
- Vitalis Oliewo K’omudho –VS- AAR Health services Ltd (2016) 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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