Nesser v Globology Limited & 7 others (Cause E033 of 2024) [2024] KEELRC 13551 (KLR) (19 December 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13551
- Citation
- [2024] KEELRC 13551 (KLR)
- Decided
- 19 December 2024
Summary at a glance
TypeEmployment DisputePostureApplication to strike out respondentsCoramNZIOKI WA MAKAU
The Court dismisses the application to strike out the 2nd to 8th Respondents, finding that they are covered by the definition of 'employer' under the Employment Act and are therefore not excused from the proceedings.
Facts
The Claimant, Christiaan Friedrich Nesser, alleges that the 2nd to 8th Respondents (Globology Limited and its directors/ trustees) are responsible for his termination and the failure to allocate him stock in the ESOP. The 2nd to 8th Respondents argue they are not the Claimant's employer.
Issues
- Whether the 2nd to 8th Respondents are the Claimant's employer under the Employment Act.
- Whether the 2nd to 8th Respondents are liable for employment-related claims due to their roles as directors and trustees.
Reasoning
The Court notes that the 2nd to 8th Respondents entered appearance with the 1st Respondent, indicating a nexus, and are therefore covered by the definition of 'employer'. The Court declines to strike out the 6th to 8th Respondents as their involvement cannot be determined in limine.
Outcome
Application dismissed with costs to the Claimant.
Authorities cited
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