Ngige v Green Pencils Limited (Employment and Labour Relations Cause 943 of 2017) [2024] KEELRC 823 (KLR) (18 April 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 823
- Citation
- [2024] KEELRC 823 (KLR)
- Decided
- 18 April 2024
The court dismissed both the main suit and the counter claim as the claimant failed to prove he was an employee of the respondent and the respondent failed to prove the claimant was involved in theft and substandard production.
Facts
The claimant, Sammy Ngige, claimed unpaid salary and damages for unlawful termination from Green Pencils Limited, a pencil manufacturing company. Ngige alleged he was employed as a factory manager and was owed Kshs. 988,076/= for ten months of unpaid salary. The respondent, Green Pencils Limited, denied Ngige's claims and counterclaimed for Kshs. 11,000,000/= for theft of pencils and substandard production.
Issues
- Whether the claimant has any merit.
- Whether the respondent's counterclaim has any merit.
- What reliefs are the claimant and the respondent entitled to.
Reasoning
The court found that Ngige did not provide an employment contract and did not produce demand letters for his salary. The court also found that the venture did not succeed and the respondent failed to prove the claimant's involvement in theft and substandard production.
Outcome
Both the main suit and the counter claim are dismissed.
Orders
- Each party to meet their own costs of the suit.
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