[2020] KEELRC 1170 (KLR)

[2020] KEELRC 1170 (KLR)

The court found that the claimant's contract was not terminated prematurely but expired by effluxion of time, and the respondent merely opted not to renew it. The respondent provided notice of non-renewal and cited unsatisfactory performance as the reason, but did not end the contract before its agreed expiry date....

Source-derived case information.

Citation
[2020] KEELRC 1170 (KLR)
Parties
Applicant: Julius Kuria Wangari; Respondent: Premier Bag & Cordage Ltd
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 2472 of 2016
Procedural Posture
Employment Cause / Judgment
Outcome
Claim dismissed except for order to issue certificate of service.
Judges
MSA Makhandia
Legal Topics
Unfair Termination, Fixed Term Contracts, Service Gratuity, Certificate of Service
Source Language
en
Employment and Labour Unfair Termination Fixed Term Contracts Service Gratuity Certificate of Service

Source-derived case record

Summary, issues, holding and outcome

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Parties

Julius Kuria Wangari

Applicant

Premier Bag & Cordage Ltd

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the non-renewal of a fixed-term contract amounts to unfair termination of employment.
  2. 2 Whether the claimant is entitled to service gratuity.
  3. 3 Whether the claimant is entitled to a certificate of service.

Ratio Decidendi

The court found that the claimant's contract was not terminated prematurely but expired by effluxion of time, and the respondent merely opted not to renew it. The respondent provided notice of non-renewal and cited unsatisfactory performance as the reason, but did not end the contract before its agreed expiry date. The claimant failed to prove that the non-renewal constituted unfair termination under the Employment Act, 2007. The court also found that the claimant did not provide evidence regarding his membership in the National Social Security Fund or a pension scheme, which was necessary to determine entitlement to service gratuity. Consequently, the claims for compensation, pay in lieu...

Court Disposition

Claim dismissed except for order to issue certificate of service.

Orders

  • The respondent shall issue a certificate of service to the claimant.
  • The remainder of the claim is dismissed with no order as to costs.