Katore v Rabco Agencies Limited (Cause 571 of 2016) [2022] KEELRC 1153 (KLR) (13 May 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1153
- Citation
- [2022] KEELRC 1153 (KLR)
- Decided
- 13 May 2022
The Court finds the claimant was a casual employee and not a service subject to minimum statutory terms. The claimant's claims and prayers are dismissed.
Facts
The claimant, Cosmas Katore, alleged wrongful termination by the respondent, Rabco Agencies Limited, on May 14, 2015. He claimed severance pay, annual leave payment, and other compensation. The respondent denied these claims, stating Katore was a casual laborer.
Issues
- Whether the claimant was a casual employee or a service subject to minimum statutory terms as envisaged in section 37 of the Employment Act, 2007.
- Whether the claimant's employment was continuous or intermittent
Reasoning
The claimant did not exhibit temporary port movement control permits for the entire period he alleged he worked without a break. The permits show he was engaged by the respondent sporadically in various capacities as casual, DR, clerk, or driver. The Court finds the claimant's employment was intermittent and not continuous.
Outcome
Judgment for the respondent, Rabco Agencies Limited, dismissing the claimant's suit.
Orders
- Judgment for the respondent against the claimant for dismissal of the suit.
- Each party to bear own costs of the proceedings.
Authorities cited
Legislation (1)
- Employment Act, 2007
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