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Mwamchera & 33 others v Kaluworks Limited (Cause 519 of 2016 & 424 of 2018 & 100, 101 & 102 of 2023 (Consolidated)) [2024] KEELRC 799 (KLR) (11 April 2024) (Judgment)

[2024] KEELRC 799 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
799
Citation
[2024] KEELRC 799 (KLR)
Decided
11 April 2024
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeEmployment DisputePostureAppeal from original trialCoramM MBARŨ
Claimants were not casual employees but machine operators. Claims for underpayment and annual leave are dismissed.

Facts

25 claimants filed for employment disputes including underpayment of wages, annual leave, and unfair termination. Respondent provided work records and wage payments.

Issues

  • Whether claimants were employed as casual employees
  • Whether they are entitled to payment of annual leave and underpayments
  • Whether 9th, 25th, and 26th claimants were unfairly terminated

Reasoning

The court ruled that the claimants were machine operators based on work records and employment law. Claims for underpayment and annual leave are not justifiable.

Outcome

Dismissed with costs

Authorities cited

Legislation (2)
  • Employment Act 2007
  • Minimum Wage Orders
Cases cited (5)
  • Kenyatta University v Esther Njeri Maina
  • Rashid Odhiambo Allogoh & 245 others v Haco Industries Limited
  • Joseph Muka Khabonekha v Turaco Limited
  • Protus Wanjala Mutike v Anglo African Properties t/a Jambo Mutara Lodge Laikipia
  • Monica Wanza Mbavu v Roofsec & Allied Works Co Ltd
⚠ 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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