John Mwashi Ashanji v Mshamba Housing Co-operative Society [2021] KEELRC 235 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 235
- Citation
- [2021] KEELRC 235 (KLR)
- Decided
- 9 December 2021
Summary at a glance
TypeEmployment DisputePostureRespondent's Statement of Defence and Claimant's ResponseCoramRadido
The Court finds the Claimant was not employed by the Respondent in 2005 and is not a permanent employee. The termination was not conducted in accordance with the Employment Act.
Facts
The Claimant was employed as a casual security guard by the Respondent from September 2005 to December 2005, transitioning to permanent employment on January 1, 2006. He was dismissed on June 4, 2015, and claimed various compensations.
Issues
- Whether the Claimant was a casual or permanent employee of the Respondent and for how long
- Whether the Claimant was unfairly terminated or absconded duty
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The Court does not find evidence of the Claimant's employment in 2005 and disputes the claim of a 10-year employment. The Respondent's termination procedure was flawed, and the Claimant's testimony supports the allegation of absconding duty.
Outcome
Dismissal of the suit with costs
Authorities cited
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