Shikoli v Denova Chemicals Limited (Cause 1385 of 2016) [2023] KEELRC 1373 (KLR) (31 May 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1373
- Citation
- [2023] KEELRC 1373 (KLR)
- Decided
- 31 May 2023
The Claimant did not establish that he was employed by the Respondent or that there was unfair termination or redundancy. The Claim has no merit.
Facts
The Claimant, Vincent Angweye Shikoli, claimed unfair termination and other benefits from Denova Chemicals Limited. He alleged he was employed in the Technical and Production Department from August 6, 2014, earning a monthly salary of Kshs 12,000. However, the Respondent denied his employment and claimed he was a casual worker. The Claimant reported the dispute to the Labour Office, but no conciliation was held.
Issues
- Whether the Claimant was a regular Employee of the Respondent
- Whether his contract was terminated by the Respondent unfairly or at all
- Whether he merits the terminal benefits and compensation as pleaded
Reasoning
The payment vouchers showed sporadic work and no evidence of regular employment. The Respondent was a small start-up with irregular operations, and the Claimant's relationship with the Respondent was not an employer-employee relationship.
Outcome
The Claim is dismissed.
Orders
- The Claim is dismissed.
- No order on the costs.
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