Ingati v Doshi & Company (Hardwares) Limited & another (Cause 116 of 2016) [2022] KEELRC 1316 (KLR) (22 July 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1316
- Citation
- [2022] KEELRC 1316 (KLR)
- Decided
- 22 July 2022
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
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