Frodak Kenya Limited v Makunda (Employment and Labour Relations Appeal E005 of 2023) [2024] KEELRC 2233 (KLR) (18 September 2024) (Judgment)

Summary at a glance

Facts

The Appellant, Frodak Kenya Limited, appealed against the judgment of the trial magistrate dismissing the Respondent, Makunda, and awarding him certain benefits. The Respondent was alleged to be a piece-rate employee.

Issues

• Whether the appeal is fatally defective
• Whether the Respondent was an employee of the Appellant and on what terms
• Whether the Respondent’s dismissal from employment by the Appellant was unlawful and unfair
• Whether the reliefs granted by the Trial Magistrate Court of Leave Allowance; public holidays, overtime, severance pay, and underpayment were merited

Reasoning

The Court held that the Respondent was a contractual worker and not a piece-rate employee, and that the dismissal was not unlawful and unfair.

Outcome

The appeal was allowed with costs to the appellant.

Orders

• This Appeal be allowed with costs to the appellant
• The court, being the first appellate court, does re-evaluate the evidence and nd that the Respondent was a piece-rated employee, entitled only to certain benets under the Employment Act
• The Trial Magistrate’s awards underpayment, severance pay, leave allowance, overtime, and public holidays be set aside and their place, this court does nd that the Respondent was paid all that was due to him

Authorities cited