Nyaora v Riley Falcon Security Services Ltd (Employment and Labour Relations Cause E564 of 2021) [2024] KEELRC 526 (KLR) (7 March 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 526
- Citation
- [2024] KEELRC 526 (KLR)
- Decided
- 7 March 2024
Summary at a glance
TypeEmployment and Labour RelationsPostureAppeal from original trialCoramBOM MANANI
The court finds that the Claimant's claim is devoid of merit and dismisses the action with costs to the Respondent.
Facts
The Claimant was initially employed by Riley Services Ltd. He then entered into a contract with the Respondent Riley Falcon Security Services Ltd. The contract was terminated by eluxion of time on 25th September 2019.
Issues
- Whether the Claimant's contract was unlawfully terminated.
- Whether the Claimant is entitled to the reliefs that he seeks.
Reasoning
The contract lapsed by eluxion of time, and the Claimant was not summarily dismissed. The court also found that the Respondent was not the Claimant's employer before July 2017, and thus cannot be responsible for service pay or accrued leave before that date.
Outcome
The action is dismissed with costs to the Respondent.
Orders
- The Respondent is at liberty to process the Claimant’s terminal dues, if any, for the period he served it (the Respondent) in line with its letter dated 29th October 2019.
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