Simeon Jumba Mnambusi v Cygnet Holdings t/a Ferries Bakeries [2021] KEELRC 1943 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1943
- Citation
- [2021] KEELRC 1943 (KLR)
Summary at a glance
Facts
The Claimant alleged he was employed as a loader by the Respondent from November 2011, but the Respondent disputed this, stating the Claimant was employed intermittently from 2011 to 2014. The Respondent provided copies of petty cash vouchers showing payments to the Claimant for offloading bags, which varied from Kshs 232/- to nearly Kshs 11,000/-, from 2011 to 2014.
Issues
- Unfair termination of employment
- Nature of contractual relationship
Reasoning
The Respondent did not issue a written contract, and the Claimant did not provide evidence of the exact date of termination or the person who terminated his employment unfairly. The Court invokes section 10(7) of the Employment Act, 2007 to find that the Claimant was not a casual employee and was entitled to the protections/entitlements assured to all employees by the Employment Act, 2007.
Outcome
No merit
Authorities cited
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