Search court decisions

…Her case was that the respondent was her employer, and that she was injured in the course of the employment.…

…The respondent denied liability, inclusive of the employment relationship. 2. A trial was conducted. The appellant testified, and called a witness.…

…That the plaintiff and those others were on board the said motor vehicle KCL 003Y – “By virtue of their employment contract with the company and were injured while in the course of their employment” The 1st and 2nd defendants…

…That the only reason the applicant was on the bus that day was due to his employment and sustained injuries in the course of his employment.…

…of a person in the employment of a person insured by the policy or of bodily injury sustained by such a person arising out of and in the course of his employment; or (ii) except in the case of a vehicle in which passengers…

…According to McGillivray on Insurance Law at paragraph 2069; “a person is carried “pursuance of” a contract of employment if it is a term that he shall be carried and; A person is carried “by reason of” a contract of employment…

…of a person in the employment of a person insured by the policy or of bodily injury sustained by such a person arising out of and in the course of his employment ; or (ii) …” 15.…

…It excludes the Appellant's liability for death of or injury to any person in the employment of the insured, where the death or injury arises out of or in the course of that employment. 17.…

…On the Deceased’s employment with the Appellant, the trial court held that since the Appellant did not plead the issue of forgery of the employment documents, it would not deal with it but based on the documentary evidence…

…It is also trite that an employment contract may be oral as provided under section 2 of the Employment Act. 14.…

…The impugned judgment also confirmed that the accident occurred while the Respondent was acting in the course of his employment. 16.…

…of a person in the employment of a person insured by the policy or of bodily injury sustained by such a person arising out of and in the course of his employment; or (ii) except in the case of a vehicle in which passengers…

…For an employer to be held vicariously liable for the acts of his employee, the act must have been done in the course of his employment.…

…The court held:- “A master is not responsible for a wrongful act done by his servant unless it is done in the course of his employment.…

…They take issue with the trial court using 60 years as the retirement age, given that that was practical only for individuals in formal employment, and arguing that individuals outside formal employment can continue working…

…I appreciate, the authorities cited with respect to not comparing engaging in business with employment. However, the issue is not employment as such, but the capacity of an individual to work.…

…With regard to the claim for salary and house allowance for the period the appellant was unemployed we agree with the finding of the learned judge that the appellant had not deserted his employment.…

…The appellant later had no difficulty in getting a work-permit when he obtained new employment.…

…The Respondent contends that the Applicant was represented by counsel during trial and had sufficient opportunity to verify the Respondent’s employment status.…

…The record further shows that the Respondent did not testify orally on the issue of employment and that the maker of the employment letter was not called at trial.…

…It argued that Section 13(5) of the Small Claims Court Act categorically excludes employment and labor relations from its jurisdiction.…

…In its written submissions, the Appellant argued that the trial court erred by imposing a duty on him that did not exist in the employment contract.…

…It was further submitted that the Appellants failed to deduct the costs of repairs of the suit motor vehicle from the Respondent during his employment as provided under Section 19 (1) (b) of the Employment Act. 16.…

…An additional question is whether the dispute between the parties is one that ought to have been determined by the Employment and Labour Relations Court. 23.…

…The Appellant challenges that award and submits that the Respondent failed to strictly prove employment, earnings or loss of income 25.…

…Alois Mwangaza College dated 29th July 2021 as proof of alleged employment and earnings notwithstanding the absence of payslips or statutory employment records. 29.…

…They further denied the existence of any term of contract of employment implied or otherwise. The Appeal. 5.…

…“A master is not responsible for a wrongful act done by his servant unless it is done in the course of his employment.…

…It held that the 1st Respondent’s driver was not authorized to carry passengers and that this action was not in the ordinary course of his employment.…

…Superior courts including the Court of Appeal have held that under the doctrine of vicarious liability, a master is not liable for negligence committed outside the scope of the servant’s employment.…

…No payslip, payroll record, job card, or witness statement was presented to confirm the employment. He further asserted that the letter was merely an offer, and not a binding employment contract.…

…(c) Whether the trial court erred in failing to adopt a global award in light of the deceased’s employment status and dependency factors.…

…They averred that the Thika Magistrate's Court lacked jurisdiction as the matter fundamentally pertained to an employment dispute (retirement age), which squarely falls within the exclusive purview of the Employment and Labour…

…Article 162(2)(a) of the Constitution establishes the Employment and Labour Relations Court (ELRC) with the exclusive original and appellate jurisdiction to hear and determine all disputes relating to employment and labour…

…The claim relates to employment. There is nothing we can call a predominant question. It is a purely employment matter. The constitution forbids this this court from dealing with labour issues.…

…This court can only dela with an employment matter when it is incidental to the main case. It is whay=t is known as a predominat test.…

…However, the Registry brought it up for directions on account that the appeal arises from the Employment and Labour Relations Court of the lower court being Kisumu CM ELRC No. E71 of 2022. 2.…

…This is pursuant to the provisions of Articles 162 (2) (a) and 165 (5) (b) of the Constitution as read with Section 12 (1) of the Employment and Labour Relations Court Act. 3.…