Mwagwaru v Doshi & Company (Hardwares) Limited & another (Cause 421 of 2016) [2022] KEELRC 1649 (KLR) (27 May 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1649
- Citation
- [2022] KEELRC 1649 (KLR)
- Decided
- 27 May 2022
The claimant's employment was terminated as a casual worker, and the claims for unfair termination and other relief are declined. The respondent is ordered to deliver the certificate of service within 30 days.
Facts
The claimant was employed as a general labourer by the respondents from September 2014 to September 25, 2015. He was paid a daily gross wage of Kshs. 546.00, with deductions for NSSF and NHIF. He was last paid on September 24, 2015, and was locked out on September 25, 2015.
Issues
- Notice pay
- Accrued leave days
- Service pay
- Non-payment of house allowance
- Maximum compensation
- Certificate of service
Reasoning
The claimant failed to establish continuous service and the contract of service ended at the close of each day he served. The respondent's evidence was consistent with the claimant's breaks in service.
Outcome
Judgment entered for parties with the respondent ordered to deliver the certificate of service within 30 days.
Orders
- The respondent to deliver the certificate of service in 30 days
Authorities cited
Legislation (1)
- Employment Act, 2007
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