Peter Otieno Okumu v Thomas & Piron Grands Lacs Ltd [2021] KEELRC 2068 (KLR)

Summary at a glance

Facts

Claimant was employed as a carpenter by Respondent from November 2015 to January 2017. The Claimant was paid on a monthly basis and had deductions from the National Social Security Fund.

Issues

• Whether the Claimant was a permanent employee of the Respondent.
• Whether the termination of the Claimant’s employment was fair.
• Whether the Claimant is entitled to the reliefs sought.

Reasoning

The Court found the Claimant was on a term contract based on the deductions from the National Social Security Fund and the Respondent's obligation to issue a written contract. The Respondent did not provide a 1-month notice of termination.

Outcome

The Court finds the Claimant was on a term contract and not casual employment basis. The Respondent unfairly terminated the Claimant’s employment. The Claimant discharged the Respondent from further claims in consideration of payment of Kshs 10,000/-.

Orders

• The Court finds the Claimant was on a term contract and not casual employment basis.
• The Respondent unfairly terminated the Claimant’s employment.
• The Claimant discharged the Respondent from further claims in consideration of payment of Kshs 10,000/-.