Odhiambo v Samani Construction Limited (Cause 2100 of 2017) [2022] KEELRC 12689 (KLR) (29 September 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 12689
- Citation
- [2022] KEELRC 12689 (KLR)
- Decided
- 29 September 2022
Summary at a glance
TypeUnfair Termination of EmploymentPostureClaimant initiated the claim by a memorandum of claim filed on October 18, 2017.CoramJK GAKERI
The court found that the claimant's employment transitioned from casual to term and was entitled to leave and rest days. The court determined that the claimant absconded duty.
Facts
The claimant was employed as a casual employee by the respondent. His employment was terminated on September 20, 2016, and he alleged it was unfair. The claimant and his colleague were involved in a fight, and the claimant left the workplace.
Issues
- Whether the claimant's employment transitioned from casual to term.
- Whether the claimant's employment was terminated by the respondent or he absconded duty.
Reasoning
The court applied section 37 of the Employment Act, which states that a casual employee who works for a period or number of continuous working days equivalent to one month or more, or performs work that cannot reasonably be expected to be completed within three months or more, is deemed to have a term contract of service. The court also distinguished desertion from unauthorised absence.
Outcome
The court dismissed the claimant's case.
Authorities cited
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