Century Furniture Limited v Kazungu (Appeal E185 of 2025) [2026] KEELRC 229 (KLR) (29 January 2026) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 229
- Citation
- [2026] KEELRC 229 (KLR)
- Decided
- 29 January 2026
Summary at a glance
TypeAppealPostureAppeal from the judgment of Hon. J. B. KaloCoramM MBARŨ, J
The respondent is protected under section 37 of the Employment Act due to continuous employment beyond casual labor, and the trial court's findings are upheld.
Facts
The respondent claimed he was employed as a machine operator from March 2011, but was dismissed on September 1, 2023, without notice. He sought various terminal dues.
Issues
- Whether the respondent was a casual employee under section 37 of the Employment Act
- Whether the termination of employment was unfair and unlawful
Reasoning
The court found that the respondent was a protected casual employee under section 37 of the Act, and thus, the termination was unfair and unlawful.
Outcome
The appeal is dismissed, and the trial court's judgment is upheld.
Orders
- Notice pay and compensation are awarded
- House allowance is not justified
- Annual leave pay is awarded
- Service pay is not due
- Each party bears their costs for the appeal, with the respondent awarded costs for the trial court proceedings
Authorities cited
⚠ 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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