Charles Rosasi Ogwori v Al-Yusra Restaurant Limited [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Justice Byram Ongaya
Judgment Date
October 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Charles Rosasi Ogwori v Al-Yusra Restaurant Limited [2020] eKLR, highlighting key legal principles and outcomes in this significant judgment.

Case Brief: Charles Rosasi Ogwori v Al-Yusra Restaurant Limited [2020] eKLR

1. Case Information:
- Name of the Case: Charles Rosasi Ogwori v. Al-Yusra Restaurant Limited
- Case Number: Cause No. 1693 of 2014
- Court: Employment and Labour Relations Court of Kenya
- Date Delivered: 9th October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Byram Ongaya
- Country: Kenya

2. Questions Presented:
The central legal issue in this case revolves around whether the claimant, Charles Rosasi Ogwori, was an employee of the respondent, Al-Yusra Restaurant Limited, and whether his termination was fair under the Employment Act, 2007. Specifically, the court must resolve questions regarding the existence of an employment contract, the nature of the claimant's dismissal, and the appropriateness of the claims for compensation made by the claimant.

3. Facts of the Case:
The claimant, Charles Rosasi Ogwori, was employed by the respondent as a waiter starting January 1, 2010, and was later promoted to a cashier managing the Milk Department, earning a monthly salary of Kshs. 20,000. On April 3, 2014, he was summoned by a manager, Hassan Bakai, who instructed him to surrender company property and informed him that his services were no longer needed. The claimant asserted that he was dismissed without cause, notice, or a disciplinary hearing. He sought various forms of compensation totaling Kshs. 1,831,275 for unpaid salary, leave, gratuity, overtime, and damages for unfair termination.

4. Procedural History:
The claimant filed a memorandum of claim on September 29, 2014, through Namada & Company Advocates. The respondent, represented by Rahma Jillo Advocates, denied the employment relationship and sought dismissal of the claim. An amended memorandum of claim was filed on July 29, 2019, to correct the respondent's name. The respondent subsequently filed an amended response denying the allegations and asserting that the claimant had worked for a different entity owned by Hassan Bakai, not the respondent. The case proceeded to trial where both parties presented their evidence.

5. Analysis:
- Rules: The court considered the Employment Act, 2007, which outlines the rights of employees and the requirements for termination of employment. The Act necessitates a clear employer-employee relationship, including evidence of payment of wages.
- Case Law: The court referenced previous cases that delineated the requirements for establishing an employment relationship, including the necessity of a contract and evidence of remuneration. These cases underscored the importance of demonstrating a direct link between the claimant and the alleged employer.
- Application: The court analyzed the evidence presented by both parties. The claimant's testimony indicated he worked at a milk bar owned by Hassan Bakai, who was not established as a manager or director of the respondent. The court found no compelling evidence linking the claimant's employment directly to the respondent and concluded that the claimant failed to prove the existence of an employment contract. Consequently, the court determined that the respondent was not liable for the claims made by the claimant.

6. Conclusion:
The court ruled in favor of the respondent, dismissing the claimant's suit with costs. The decision underscored the necessity for claimants to establish a clear employment relationship and the importance of evidence in employment disputes.

7. Dissent:
There were no dissenting opinions noted in this case, as the judgment was delivered by a single judge.

8. Summary:
The case of Ogwori v. Al-Yusra Restaurant Limited highlights the critical elements required to establish an employment relationship under Kenyan law. The court's dismissal of the claimant's suit emphasizes the necessity for claimants to provide concrete evidence of their employment status and the terms of their engagement to succeed in claims related to unfair termination and compensation.

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