Wagongo v Embassava Sacco Society (Employment and Labour Relations Cause E2354 of 2017) [2023] KEELRC 2793 (KLR) (3 November 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2793
- Citation
- [2023] KEELRC 2793 (KLR)
- Decided
- 3 November 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureClaimant seeks declaration of unfair dismissal, Respondent denies employment relationship and seeks dismissal of claim.CoramAN MWAURE
Holding
The claimant was a service term employee under section 35 of the Employment Act.
Facts
Claimant was employed as a cashier by Respondent from April 2011 to March 2017. He claimed non-payment of NSSF and NHIF dues, leading to his termination.
Issues
- Whether the claimant had an employer/employee relationship with the respondent.
- Whether the claimant was unlawfully terminated.
Reasoning
The court held the claimant was employed on a service term basis due to the lack of a written contract and the available documents. The respondent failed to prove the claimant deserted duty.
Outcome
Claim dismissed with costs.
Orders
- Judgment delivered virtually due to COVID-19 restrictions.
Authorities cited
Legislation (2)
- Employment Act
- Civil Procedure Rules
Cases cited (2)
- Ronaldo Nyambu vs Tornado Carriers Limited
- Boniface Nkubi vs Protective custody
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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