Shula v Blue Waves Enterprises Limited (Formerly Crown Sea Enterprises Limited) (Cause 1814 of 2017) [2023] KEELRC 2087 (KLR) (27 July 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2087
- Citation
- [2023] KEELRC 2087 (KLR)
- Decided
- 27 July 2023
The Court held that there existed an employer-employee relationship between the Claimant and the Respondent, and that the termination was not fair.
Facts
The Claimant, Charles Nyilisi Shula, was initially employed by Crown Sea Enterprises Limited as a Sales Person in January 2004. The company changed its name to Blue Waves Enterprises Limited in 2012. The Respondent, Blue Waves Enterprises Limited, denied the Claimant's claim of unfair and wrongful redundancy.
Issues
- Whether there existed an employer-employee relationship between the Claimant and the Respondent.
- Whether the termination was fair.
Reasoning
The Court found that the Claimant was an employee of Crown Sea Enterprises Limited, which changed its name to Blue Waves Enterprises Limited. The Respondent's denial of the claim was not supported by evidence.
Outcome
The Court held that the termination was unfair and ordered the Respondent to pay the Claimant damages for wrongful redundancy.
Orders
- Payment of damages for wrongful redundancy.
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