[2017] KEELRC 253 (KLR)

[2017] KEELRC 253 (KLR)

The court found that the claimants were employed as casual workers and did not meet the statutory threshold for conversion to regular term contracts under section 37 of the Employment Act, as they did not work continuously but only as needed. Consequently, they were not entitled to the protections against unfair termination under section 45(2) of the Act. The claimants' pleadings and evidence did not establish continuous service, and their own admissions corroborated the respondent's position. As a result, the claimants were not capable of being unfairly terminated in law, and the reliefs sought, including compensation for unfair termination and terminal dues, were not available to them...

Citation
[2017] KEELRC 253 (KLR)
Parties
Applicant: Idd Salim Mwadele; Applicant: Mwanamkuu Mwatende; Applicant: Saumu Shee Abdalla; Applicant: Jacob Kambu Mtonga; Applicant: Hassan Kitauro Shee; Applicant: Muhamed Hassan Mwarindano; Applicant: Alima Abdalla Darusi; Applicant: Kassim Juma Abdalla; Applicant: Caroline Atieno Osinya; Applicant: Umazi Chikophe Mweru; Applicant: Mwanaulu Darusi Jeke; Applicant: Mwangombe Bakari Hassan; Applicant: Jabiri Bakari Mwanziwi; Applicant: Muhamed Masudi Rashid; Applicant: Mwanaisha Mkulu Kassim; Applicant: Mkulu Suleimani Mkulu; Applicant: Mwanaisha Ali Mwasaria; Applicant: Ali Hassan Juma; Applicant: Yabi Darusi Mohamed; Applicant: Hassan Kassim Rashid; Respondent: Kwale International Sugar Co. Ltd
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Mombasa
Jurisdiction
Kenya
Judgment Date
17 November 2017
Case Number
Cause 731, 725,726, 727,728,729,730,732,733,734,735,736 & 737 of 2016
Procedural Posture
Employment Cause / Judgment
Outcome
suit dismissed
Judges
AN Makau
Legal Topics
Casual Employment, Conversion of Casual to Regular, Unfair Termination, Burden of Proof, Entitlement to Reliefs
Source Language
English
Employment and Labour Casual Employment Conversion of Casual to Regular Unfair Termination Burden of Proof Entitlement to Reliefs

Case Brief

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Parties

Idd Salim Mwadele

Applicant

Mwanamkuu Mwatende

Applicant

Saumu Shee Abdalla

Applicant

Jacob Kambu Mtonga

Applicant

Hassan Kitauro Shee

Applicant

Muhamed Hassan Mwarindano

Applicant

Alima Abdalla Darusi

Applicant

Kassim Juma Abdalla

Applicant

Caroline Atieno Osinya

Applicant

Umazi Chikophe Mweru

Applicant

Mwanaulu Darusi Jeke

Applicant

Mwangombe Bakari Hassan

Applicant

Jabiri Bakari Mwanziwi

Applicant

Muhamed Masudi Rashid

Applicant

Mwanaisha Mkulu Kassim

Applicant

Mkulu Suleimani Mkulu

Applicant

Mwanaisha Ali Mwasaria

Applicant

Ali Hassan Juma

Applicant

Yabi Darusi Mohamed

Applicant

Hassan Kassim Rashid

Applicant

Kwale International Sugar Co. Ltd

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the claimants' casual employment converted to regular term contract and acquired protection from unfair termination.
  2. 2 If conversion occurred, whether the claimants' contracts were unfairly terminated by the respondent.
  3. 3 Whether the claimants are entitled to the reliefs sought.

Ratio Decidendi

The court found that the claimants were employed as casual workers and did not meet the statutory threshold for conversion to regular term contracts under section 37 of the Employment Act, as they did not work continuously but only as needed. Consequently, they were not entitled to the protections against unfair termination under section 45(2) of the Act. The claimants' pleadings and evidence did not establish continuous service, and their own admissions corroborated the respondent's position. As a result, the claimants were not capable of being unfairly terminated in law, and the reliefs sought, including compensation for unfair termination and terminal dues, were not available to them...

Court Disposition

suit dismissed

Orders

  • The suit is dismissed.
  • Each party shall bear his or her own costs.