Mwakela v Krystalline Salt Ltd (Cause 116 of 2014) [2014] KEIC 95 (KLR) (19 December 2014) (Judgment)
- Court
- Industrial Court
- Case number
- 95
- Citation
- [2014] KEIC 95 (KLR)
- Decided
- 19 December 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureAppeal from original trialCoramON MAKAU
Holding
Judgment is entered for each of the 68 claimants in the aggregate sum of Ksh.2,219,191.77 to be shared as indicated above.
Facts
Claimants were employed as Packers at respondent's Changamwe salt factory from 2008 to 30/3/2013. They were paid based on their daily production and were subject to the respondent's supervision and disciplinary measures.
Issues
- Whether the claimants were employed on regular contract of service or contract for services.
- Whether the claimants deserted work voluntarily or were unlawfully declared redundant.
- Whether the claimants are entitled to the reliefs sought in the suits consolidated herein.
Reasoning
The court found that the claimants were employed under a contract of service, not as piece-rate workers. The claimants were not dismissed voluntarily but were laid off due to the closure of the packaging work.
Outcome
Claimants are entitled to the reliefs sought.
Orders
- Judgment for each of the 68 claimants in the aggregate sum of Ksh.2,219,191.77 to be shared as indicated above.
- Claimants will also have costs and interests.
Remedies
- Payment of Ksh.2,219,191.77 to the claimants.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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