Search court decisions

…basis the court lacked jurisdiction to resolve the dispute between the employer and employee within the meaning of section 12 and 29(3) of the Employment and Labour Relations Act as read with section 87(1)(b) and (2) of the Employment…

…Act, 2007 and that it ought to have been filed in the Employment and Labour Relations Court (“ELRC”).…

…Section 14 of the Employment Act, cap 226, which settles the matter in favour of the plaintiff, provides, “14 (1) Every contract of service: (a) for a period, or a number of working days which amount in the aggregate to the…

…Act.…

…The Appellant in their supplementary submissions denied the existence of any contract of service between the Appellant and 1st Respondent, citing section 9 of the Employment Act that the 1st Respondent was contracted and…

…He also relied on sections 2 and 8 of the employment Act. Counsel submitted that the Appellant did not deny that it had a contract to supply manhole slabs nor despite the ownership of the motor vehicle registration no.…

…affidavit sworn on 22nd March 2023, thereby arriving at an incorrect, unlawful and unjust finding. f) That the learned trial magistrate erred in both law and fact by rendering a ruling that contravenes section 19(3) of the Employment…

…Act, 2007, which forbids employers from deducting more than one-third (1/3) of the employee’s monthly salary. g) That the learned trial magistrate erred in law and fact by ignoring the cardinal duty of shared parental responsibility…

…Before the High Court Mr Rimita, who was then representing the respondent, had relied on provisions of section 14(1) of the Employment Act (cap 226) which had provided that every contract for service for a duration of six…

…It is submitted that section 13(5) of the Small Claims Court Act expressly excludes employment and labour disputes from the jurisdiction of the Small Claims Court. 8.…

…It defines the Employment Act, Cap 226, Laws of Kenya, as the law applicable, with respect to its terms and conditions.…

…Under section 8 of the Employment Act, a contract for employment may be oral or in writing. If it has to be in writing, then it is the employee who has the obligation to ensure that it is recorded. 8.…

…Indeed, even under the Employment Act (cap 226) an employer may summarily dismiss a servant who is guilty of a criminal offence, (see sec 17(g)).…

…Having described the plaintiff as a monthly servant, then we must fall back on the Employment Act, Cap 226, Laws of Kenya for the period of the notice.…

…The defendant cannot pray in aid the provision of section 14(5)(iii) of the Employment Act Cap 226 Laws of Kenya, either.…

…Section 86 of the Employment Act which the appellant has heavily relied on gives three categories of the nature of disputes that should be exclusively tried by the Employment and Labour Relations Court.…

…It was submitted that the employer’s letter showed he worked on a casual, need-to-need basis and therefore fell within the definition of a casual employee under sections 2 and 37 of the Employment Act.…

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

…The Appellant on the other hand relied on Sections 10, 11, 21, 22 and 74 of the Employment Act together with Section 112 of the Evidence Act and submitted that no payslips, payroll records, NHIF records, NSSF statements,…

…It raised a statutory bar to the bringing of the claim by the respondents herein outside of the three year cut-off imposed by Section 90 of the Employment Act.…

…The Appellant invoked Section 51(3) of Employment Act and argued that there was no legal obligation imposed on employers to issue reference letters singing good praise about their ex- employees.…

…Professional Clean Care Limited (Civil Appeal 466 of 2019) stated that: Consequently, we have no reason to fault the learned Judge in finding that the suit was statutorily time barred by one day by virtue of section 90 of the Employment…

…Act. 39.…

…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.…

…In the written submissions, filed on his behalf, the respondent seeks to contest that, and cites the Employment Act, Cap 226, Laws of Kenya, to support that contention.…

…In the written submissions, filed on his behalf, the respondent seeks to contest that, and cites the Employment Act, Cap 226, Laws of Kenya, to support that contention.…