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Ingati v Doshi & Company (Hardwares) Limited & another (Cause 116 of 2016) [2022] KEELRC 1316 (KLR) (22 July 2022) (Judgment)

[2022] KEELRC 1316 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1316
Citation
[2022] KEELRC 1316 (KLR)
Decided
22 July 2022
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeEmployment DisputePostureClaimant's suit dismissed with no costsCoramBYRAM ONGAYA
The claimant's suit is dismissed with no orders on costs of the cause

Facts

Claimant was employed as a Welder on a casual basis from early May 2009 to July 2013. He was paid Kshs.500.00 per day. He was terminated in July 2013 without notice or reason. The claimant claimed notice pay, payment in lieu of annual leave, service pay, overtime, and maximum compensation for unfair termination.

Issues

  • Whether the claimant was employed on a casual or continuous basis
  • Whether the claimant is entitled to the claimed remedies

Reasoning

The Court found the claimant's service was casual and not continuous. The claimant's termination was in July 2013, and the suit was time-barred. The claims for notice pay, service pay, and compensation based on minimum statutory terms and conditions of service were dismissed.

Outcome

Claimant's suit dismissed

Authorities cited

Legislation (1)
  • Section 90 of the Employment Act
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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