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Nanyuki Water & Sewage Company Limited v. Benson Mwiti Ntiritu,Anthony Kibuchi Muriuki,Moses Bundi Nkanata,Jesee Waweru Kiama & Joram Gatara Macharia

(2018) JELR 98604 (CA)

Court of Appeal  •  Civil Appeal 20 of 2017  •  11 Oct 2018  •  Kenya

Coram
Philip Nyamu Waki, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

Does section 37 of the Employment Act (No. 11 of 2007) ('the Act') automatically convert casual employment into a regular contract of service, or permanent employment? Put differently, what is the true construction and objective of section 37? Under what circumstances should an order for reinstatement of an employee be made? What remedies are appropriate in the event of termination? Those are the main issues raised in the appeal before us.

The five respondents herein were the claimants before the Industrial Court in Nyeri, now the Employment and Labour Relations Court (ELRC). They filed a statement of claim on 14th June, 2013, pleading that they had variously been employed by the appellant in its maintenance and repairs section between 2006 and 2009 and had worked throughout those years, receiving monthly salaries. Despite that, they claimed, they had been treated as casual labourers and had never been given written contracts , annual leave, housing, medical, water…

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