Gamarigi Livembazi Benson v Endmor Steel Millers Limited [2020] KEELRC 1902 (KLR)
The bottom line
#A Kenyan court ruled that a casual worker employed for over a month deserves the same termination protections as a regular employee.
What this practically means
#Executive summary
#Key legal issues
#Nature of the claimant's employment and whether termination was unfair
The claimant, though possibly a casual worker, had served more than a month and was entitled to notice and reasons for termination; the termination was unfair.
It was not disputed that the claimant worked for the respondent from July 2012 to 20 January 2014. The respondent alleged the claimant was a casual worker hired on need basis but never attended court to support that allegation with evidence. In the absence of evidence from the respondent, the court accepted the claimant's version and found the termination unfair, entitling him to notice and compensation.
Legal principles established
#- A casual employee who has served for more than a month is entitled to notice of termination and reasons for such termination as a regular employee.
- Where a respondent fails to attend court to present evidence, the court is entitled to believe the claimant's version of the dispute.
Court orders
#- 1.One month's salary in lieu of notice of Kshs. 24,000
- 2.Four months' salary as compensation for unfair termination of Kshs. 96,000
- 3.Costs of the suit to the claimant
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over a claim for unfair termination of employment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gamarigi Livembazi Benson v Endmor Steel Millers Limited [2020] KEELRC 1902 (KLR)", Case Analysis (2020). Cause No 437 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1902/eng@2020-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.