Regina Chepkirui Maritim v Mogogosiek Tea Factory Co Ltd [2022] KEELRC 1025 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1025
- Citation
- [2022] KEELRC 1025 (KLR)
- Decided
- 18 January 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureRespondent filed a defence denying the claimant's allegations and seeking dismissal of the suit.
Holding
The claimant is found to have started working for the respondent at least as early as 10/12/2008, and the respondent is found to have unlawfully dismissed the claimant.
Facts
The claimant alleges she was employed by the respondent from 1997 as a permanent employee, while the respondent claims she was hired in November 2016 under seasonal contracts. The claimant presented her staff identification card and payslip showing earlier employment.
Issues
- Whether the claimant was employed on seasonal contract basis or permanent engagement under the CBA.
- Whether the claimant was unlawfully dismissed or her contract expired automatically.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The claimant's documentary evidence, including her staff identification card and payslip, was found to be credible, while the respondent's evidence was deemed insufficient.
Outcome
The respondent's suit to dismiss the claimant's allegations is dismissed.
Remedies
- An award of Kshs. 2,047,199.20
- General damages for violation of the claimant’s Constitutional rights
- Interest at court rates
- Certificate of service
- Reinstatement to his former job at the Respondent’s company
Authorities cited
Legislation (2)
- Employment Act
- Collective Agreement (CBA)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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