SMW v DHL Kenya (Cause 698 of 2019) [2023] KEELRC 1468 (KLR) (15 June 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1468
- Citation
- [2023] KEELRC 1468 (KLR)
- Decided
- 15 June 2023
Summary at a glance
TypeUnfair TerminationPostureClaimant v RespondentCoramBOM MANANI
The employment relation between the Claimant and DHL Kenya remains alive despite the secondment. Only DHL Kenya has the legal mandate to terminate the primary employment relation.
Facts
The Claimant, SMW, was offered employment as a Field Sales Executive by DHL Kenya. He was seconded to DHL Swaziland, where he was promised various benefits. However, he claims these promises were not fulfilled, leading to financial strain. The Respondent, DHL Kenya, terminated the Claimant's employment, citing misconduct.
Issues
- Concept of secondment in employment law
- Resumption of employment after secondment
Reasoning
The court reiterates the concept of secondment, where the original employer remains the legal employer and the primary responsible party for the employee's rights. The host employer can terminate the secondment but not the primary employment relation.
Outcome
The court dismissed the claim, finding that DHL Kenya had the legal authority to terminate the employment.
⚠ 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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