Kenya National Private Security Workers Union v Berdma Security Services Limited (Cause E018 of 2022) [2023] KEELRC 1455 (KLR) (15 June 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1455
- Citation
- [2023] KEELRC 1455 (KLR)
- Decided
- 15 June 2023
Summary at a glance
TypeUnfair TerminationPostureClaimant's Unfounded ClaimCoramMA ONYANGO
The claim is dismissed as the Claimant failed to prove the existence of an employment relationship with the Grievant and did not provide evidence of underpayment.
Facts
The Claimant, Kenya National Private Security Workers Union, filed a claim on behalf of Grievant Jackson Kiplagat Biwott, alleging unfair termination by Respondent Berdma Security Services Limited. The Grievant claimed underpayment, non-payment of leave, and other benefits.
Issues
- Employment Relationship
- Locus Standi of the Claimant
- Proof of Underpayment
Reasoning
The court held that the Claimant did not prove the existence of an employment relationship with the Grievant and that the burden of proof lies with the employee in unfair termination claims.
Outcome
Dismissed
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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