Okwemba v Vishnu Builders & Developers Limited (Cause 859 of 2018) [2023] KEELRC 1595 (KLR) (30 June 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1595
- Citation
- [2023] KEELRC 1595 (KLR)
- Decided
- 30 June 2023
Summary at a glance
TypeEmployment DisputePostureRespondent's Motion to Dismiss ClaimCoramSC RUTTO
The Court finds no employment relationship between the parties and dismisses the claim.
Facts
Claimant was employed as a Foreman by Respondent in 1981. In 2017, a wall collapse injured Claimant, leading to his redundancy. Claimant seeks compensation.
Issues
- Was there an employment relationship between the parties?
- If employment, was the claimant unfairly and unlawfully terminated?
- Is the claimant entitled to the reliefs sought?
Reasoning
The Court determined that the relationship was that of an independent contractor, not an employer-employee relationship, based on the evidence of the respondent's incorporation, agreements, and the claimant's work for other companies.
Outcome
Claim dismissed with costs
Authorities cited
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