Phillip Riunga Matema v Broad Network Transporters Limited [2021] KEELRC 670 (KLR)

Sections 8, 9 and 10 of the Employment Act, 2007 permit oral contracts of employment. Once the claimant filed suit, section 10 placed on the employer the duty to produce work records to prove or disprove employment. The respondent, though served and submitted to jurisdiction, called no evidence and remained absent at the hearing. In the absence of the respondent meeting its statutory duty, the court accepted the claimant's testimony on the oral contract and its terms, and found employment established.

Termination of employment without notice or payment in lieu is unlawful under sections 35, 41 and 45 of the Employment Act, and such malpractice is compensated under section 49. However, considering that the claimant worked for only 3 months, the court held that notice pay of Ksh.25,000 sufficed to address the unfairness, declining any additional compensation for the unfair termination.

In the absence of a written contract, the court treated the claimant's terms as casual, with the Ksh.25,000 monthly wage already generous, making any further house allowance claim unjust enrichment. The leave claim was not substantiated as to what period accrued the 2 days. Service pay accrues only after a full year of service, which the 3-month tenure did not satisfy.