Sheila Wikashei Wikama & another v Super Broom Services Limited [2022] KEELRC 828 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 828
- Citation
- [2022] KEELRC 828 (KLR)
The Court held that the termination was not unfair and that the Claimants' contracts lapsed by expiration.
Facts
The Claimants were employed by the Respondent as cleaners. They alleged unfair termination, while the Respondent claimed their contracts lapsed by expiration. The Claimants worked from 6:30 AM to 4:00 PM and were not paid overtime or given pay slips or contracts.
Issues
- Whether the Claimants were unfairly terminated or their contracts with the Respondent lapsed.
- Whether the Claimants are entitled to the reliefs sought.
Reasoning
The Court applied the Employment Act provisions on termination of employment contracts, emphasizing the need for substantive justification and procedural fairness. It also considered the principles governing fixed-term contracts, stating that employers are not obligated to give reasons for non-renewal of fixed-term contracts unless specified in the contract.
Outcome
The Court dismissed the claim.
Authorities cited
Legislation (1)
- Employment Act
Cases cited (12)
- Pius Machafu Isindu v Lavington Security Guards Limited
- Naima Khamis v Oxford University Press (EA) Limited
- Kenafric Industries Limited v John Gitonga Njeru
- CMC Aviation Limited v Mohammed Noor
- Walter Ogal Anuro v Teachers Service Commission
- Loice Otieno v Kenya Commercial Bank Ltd
- Krystalline Salt Limited v Kwekwe Mwakele
- Damondar Jihabhai & Co Ltd & Another v Eustace Sisal Estates Ltd
- Francis Chire Chachi v Amatsi Water Services Company Limited
- Oshwal Academy (Nairobi) & Another v Indu Vishwanath
- The Registered Trustees De La Salle Christian Brothers T/A St. Mary’s Boys’ Secondary School v Julius D. M. Baini
- The Registered Trustees of the Presbyterian Church of East Africa & another v Ruth Gathoni N. Ngotho-Kariuki
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