Transport Workers Union v Hajji Issa Adams & Sons Limited [2013] KEELRC 771 (KLR)
The bottom line
#A Kenyan court ruled that a long-serving daily-paid worker was legally a casual employee, so he got only his underpaid wages and a certificate of service.
What this practically means
#Executive summary
#Key legal issues
#Status of the grievant's employment and applicable statute
The grievant was a casual employee under Section 2 of the repealed Employment Act (Cap 226), not entitled to notice, leave or service pay; he was however underpaid.
The employment ended in 2007, before the Employment Act 2007 commenced on 2nd June 2008, so Cap 226 governed. Cap 226 defined a casual employee as one paid at the end of each day and not engaged for longer than twenty-four hours at a time, terminable at the close of any day without notice under Section 14(5)(i). The grievant was paid a daily rate, and Cap 226, unlike the 2007 Act, had no casual-to-term conversion provision. His daily rate of Kshs. 280 exceeded the applicable Kshs. 249.90 for a general labourer, so the underpayment claim succeeded.
Legal principles established
#- Where employment ended before 2nd June 2008, the applicable law is the repealed Employment Act (Cap 226), under which a daily-paid employee engaged for periods not exceeding twenty-four hours at a time is a casual employee not entitled to notice, leave or service pay.
Court orders
#- 1.The claim for pay in lieu of notice is dismissed
- 2.The claims for leave and service pay are dismissed
- 3.The claim for underpayment in the sum of Kshs. 17,847.40 succeeds and the Respondent is to pay it
- 4.The Respondent is directed to issue the grievant with a Certificate of Service
- 5.No order for costs
- Jurisdiction invoked
- Trade dispute escalated to the Industrial Court by the Minister for Labour under the repealed labour machinery (conciliation by the Minister for Labour)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Transport Workers Union v Hajji Issa Adams & Sons Limited [2013] KEELRC 771 (KLR)", Case Analysis (2013). Cause No 2293 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/771/eng@2013-09-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.