SOUTHERN ENGINEERING COMPANY (SECO) V. DAVID ANZANI OMBEBA

JUDGMENT OF THE COURT

[1] The appellant before us, Southern Engineering Company (SECO), was the respondent in a claim filed against it in the Industrial Court by its former employee, David Anzani Ombeba, who is now the respondent in this appeal. In the initial claim filed on 24^th January 2013, the respondent sought declarations that it had a contract of employment with the appellant having worked for the appellant for seventeen years; that the appellant was in breach of the contract of employment; and that the respondent was entitled to payment of acting allowance and service pay.

[2] In response to the claim, the appellant admitted having employed the respondent, but denied that the respondent was entitled to the reliefs sought. The appellant contended that the respondent’s employment was lawfully terminated on account of redundancy; that the appellant went out of its way and obtained the respondent employment with a sister company; that the respondent left the employment with the sist…