Win to Total Kenya Energies as the Court of Appeal suspends proceedings at the Employment and Labour Relations Court on allegations of the unfair termination of one David Kamau Ngure a former employee of the company.
The company had filed an appeal with the Court of Appeal contesting the proceedings at the employment and labor relations court.
Appellate justices Daniel Musinga, Imaana Laibutta, and Mwaniki Gachoka, on the other hand, ordered that the appeal be heard and finalized.
Ngure was recruited to the Total Young Dealer Programme after working as a petrol station manager for the firm in Kapenguria.
He began his career in the Kamwangi Service Station in Gatundu before being relocated to the Likoni Road Service Station in Nairobi in February 2018 as part of the program before being fired.
He eventually filed a lawsuit seeking a declaration that he was an employee of Total rather than an independent contractor for services.
He also requested a ruling that his suspension was illegal and discriminatory.
Ngure also demanded that the business pay him Sh3,176,630 in damages and perks.
They included a month’s pay in lieu of notice of Sh47,000, accumulated leave for the years 2017, 2018, and 2019 of Sh141,000, and an accrued security deposit of Sh624,630 for the years 2017-18.
Other incentives include a Sh1.8 million security deposit for the years 2018-2019.
He also asked for twelve- month compensatory damages for unlawful termination of Sh564,000 and interest at court rates till payment in full.
Further, he asked for costs of the cause and other reliefs as court deemed fit.
Total moved to court to have the proceedings stayed and the matter referred to arbitration.
The court however dismissed the application on the grounds that the company had not proved the subject to the arbitration clause in the YDMLA.
ELRC also found that there were two agreements between the parties; employment contract and YDMLA.
“The result is that the application has not been proved and is accordingly dismissed with costs,” it ruled.
Aggrieved, Total moved to the Court of Appeal and applied for a suspension of proceedings arguing that the appeal was arguable.
The company said the trial judge had erred in his decisions.
The appellate judges determined that the appeal was arguable and if the proceedings continued, they may render it null.
