Daniel Otieno Ogonjo & 2 others v Pendulum Entertainment Limited t/a Treehouse Club [2021] KEELRC 1108 (KLR)

Facts

The Claimants allege they were employed as bartenders by the Respondent through oral contracts. They claim underpayment, overtime, annual leave, notice pay, and damages for wrongful termination. The Respondent denies these claims.

Issues

1. Whether an employment relationship existed between the Claimants and the Respondent.
2. Whether the termination of the Claimants' employment by the Respondent was wrongful, unfair and unlawful.
3. Whether the Claimants are entitled to the reliefs sought.

Reasoning

The Court held that the Claimants established an employment relationship through oral contracts and the Respondent's failure to provide written contracts or appointment letters.

Outcome

The Court found in favor of the Claimants on all issues.

Authorities cited