Fresco v Camusat Kenya Limited & another (Cause 1884 of 2017) [2023] KEELRC 2116 (KLR) (21 September 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2116
- Citation
- [2023] KEELRC 2116 (KLR)
- Decided
- 21 September 2023
Summary at a glance
TypeEmployment DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramMakau, NDOLO, Rika
The Court determined that the contract was performed in Kenya, and the Claimant was resident in Nairobi, Kenya. The Court held that the termination was lawful and fair, and the Claimant is not entitled to the remedies sought.
Facts
The Claimant, Emmanuel Fresco, was employed by Camusat Kenya Limited and Camusat Maurice Limited. He claims wrongful and unfair dismissal and seeks compensation. The 1st Respondent, Camusat Kenya Limited, terminated the Claimant's employment on June 2, 2017, citing gross misconduct.
Issues
- Jurisdiction and applicable law
- Nexus between the 1st and 2nd Respondents
- Whether the termination was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Court found that the termination was lawful and fair, and the Claimant's employment was a blended and indivisible relationship. The Court also determined that the jurisdiction and applicable law issues were spent.
Outcome
The appeal was dismissed.
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