Juma Bati Chuphi v Leisure Lodge Limited [2021] KEELRC 1185 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1185
- Citation
- [2021] KEELRC 1185 (KLR)
- Decided
- 23 July 2021
The Court finds that the claimant was a casual employee and his contract of service ended at the close of the day. The respondent had no obligation to assure him employment on the next day. The claimant's evidence was incoherent on the date of termination and he could not be trusted. Judgment is entered for the respondent with costs.
Facts
Claimant was employed as a Carpenter from 2003 to 2015, working on a casual basis. He was terminated in 2015 and filed a lawsuit seeking compensation.
Issues
- Whether the parties were in a contract of service
- Whether the termination was fair
- Whether the claimant was a member of a trade union
Reasoning
The Court found that the claimant was a casual employee and his contract of service ended at the close of the day. The respondent had no obligation to assure him employment on the next day. The claimant's evidence was incoherent on the date of termination and he could not be trusted.
Outcome
Dismissal of the claimant's suit with costs
Orders
- Judgment for the respondent with costs
Authorities cited
Legislation (1)
- Employment Act, 2007
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