Ngono v Docwide Business Centre [K] Ltd (Cause 662 of 2015) [2022] KEELRC 1148 (KLR) (28 April 2022) (Judgment)

Facts

The Claimant, Christopher Onyango Ngono, was employed as a tractor driver by the Respondent, Docwide Business Centre [K] Ltd, from January 31, 2014, to April 14, 2015. The Respondent terminated his employment on April 14, 2015, without providing a written contract or a written notice of termination.

Issues

1. Whether the Claimant was an employee of the Respondent and the date of such employment.
2. Whether the Claimant's employment was terminated by the Respondent or whether the Claimant left employment voluntarily.
3. Whether termination of the Claimant's employment was unfair.
4. Whether the Claimant is entitled to the reliefs sought.

Reasoning

The Claimant proved that his employment was terminated by the Respondent on April 14, 2015, as he had not reported back to work after a seven-day sick leave and the Respondent did not provide any evidence to contradict this.

Outcome

The Claimant was found to be an employee of the Respondent from January 31, 2014, to April 14, 2015, and the Respondent was found to have terminated his employment unfairly.

Authorities cited