Nyongesa v Blue River Technology Solutions Limited (Cause E626 of 2021) [2023] KEELRC 2763 (KLR) (24 October 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2763
- Citation
- [2023] KEELRC 2763 (KLR)
- Decided
- 24 October 2023
Summary at a glance
TypeEmployment DisputePostureRespondent's Motion to Dismiss ClaimCoramDKN MARETE
The claimant was found to be an employee of the respondent.
Facts
Claimant was employed as a Sales Consultant under a monthly retainer agreement. She was terminated by the respondent on April 12, 2021, citing financial constraints. The claimant alleges wrongful termination and bad faith.
Issues
- Whether the claimant was an employee or consultant.
- Whether the termination of the claimant's employment was wrongful, unfair, and unlawful.
- Whether the claimant is entitled to the relief sought.
- Who bears the costs of this suit.
Reasoning
The court held that the claimant was an employee under the Sales Consultant Agreement, not a consultant, and that the termination was wrongful and unfair.
Outcome
Claimant's motion for a declaration that she was an employee and that the termination was wrongful and unfair was granted.
Orders
- Claimant was declared an employee of the respondent.
- Termination of the contract was found to be wrongful and unfair.
Remedies
- Declaration that the claimant was an employee.
- Declaration that the termination was wrongful and unfair.
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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