Kamau v Nyakio Plant Operations & Driving School (Appeal E070 of 2021) [2022] KEELRC 4027 (KLR) (30 June 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 4027
- Citation
- [2022] KEELRC 4027 (KLR)
- Decided
- 30 June 2022
Summary at a glance
TypeAppealPostureAppeal from a judgement of the Chief Magistrates CourtCoramM MBARŨ, J
The court found that the appellant was not an employee but only a casual worker engaged on a short-term basis, and thus dismissed the case.
Facts
Appellant Moses Kamau was employed by respondent Nyakio Plant Operations & Driving School as a mechanic from January 2015 to May 2017. He claimed unpaid notice pay, service pay, and compensation for unfair termination of employment.
Issues
- Whether the appellant was an employee of the respondent
- Whether the termination of employment was unfair
Reasoning
The court applied section 47(5) of the Employment Act, 2007, which states that the burden of proving unfair termination lies with the employee, and the burden of justifying the grounds for termination lies with the employer.
Outcome
Appeal dismissed
Authorities cited
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