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ELRCPartially AllowedConsolidated with E151 of 2021 (Claimant's Memorandum of Claim dated 17th December 2021)

Emodo v Sheer Logic Management Consultants (Cause E149 of 2021) [2025] KEELRC 2412 (KLR)

Employment and Labour Relations Court
4 September 2025
3,304 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled that a worker paid by amount of work done was on piece rate, so the job ending when the client contract ended wasn't unfair dismissal.

What this practically means

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Executive summary

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The Claimant, employed from 1st May 2009 as a general worker deployed at Kenya Breweries Limited, claimed that his employment was summarily terminated on 30th September 2019 without notice, procedure or just cause, and sought a declaration of unfair termination, a certificate of service, terminal dues and compensatory damages of Kshs. 1,297,990, plus costs and interest. The Respondent, a labour outsourcing firm, asserted that the Claimant was engaged as a logistic casual attached to East African Breweries Limited on piece rate, paid according to work done, and that after EABL descoped its logistics contract by letter dated 28th August 2019, the Claimants were summoned to a meeting on 12th September 2019 and given notice, later extended to November 2019, and were absorbed by the incoming provider Q-Sourcing in October 2019. The file was consolidated with E151 of 2021 and heard on 30th April 2025. The court framed three issues: whether the Claimant was a casual or piece rate employee; whether the termination was fair and justified; and whether he was entitled to the remedies sought. It found on the payslips and testimony of both sides that the Claimant was a piece rate employee, not a casual labourer. It held that the employment existed only for as long as EABL required the services, so its cessation on expiry of the EABL contract was not a deliberate or wrongful termination. Terminal dues were refused because they were not particularised and the Claimant's dues were covered by his NSSF contributions. The court granted only the certificate of service and declined to make any order for costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether the claimant was a casual labour or piece rate employee of the Respondent
  2. 2.Whether the termination of the claimant was fair and justified
  3. 3.whether the claimant is entitled to the remedies sought

Key legal issues

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01

Whether the claimant was a casual or piece rate employee

Holding

The claimant was a piece rate employee, not a casual labourer, as his salary was not static and varied with work done.

Reasoning

The payslips produced showed fluctuating pay dependent on the amount of work done. Both CW2 and RW1 confirmed that salary payable depended on work done. The claimant worked only when work was available, about two days a week, consistent with piecework as defined in section 2 of the Employment Act rather than casual employment under 24-hour engagements.

p. 7
02

Whether the termination was fair and justified

Holding

There was no wrongful termination; the engagement was contingent on the EABL contract which came to an end, and the claimant was notified and absorbed by Q-Sourcing.

Reasoning

The employment was based on work available, which ended when EABL descoped its logistics services. The Respondent gave notice at the 12th September 2019 meeting, later extended, and the claimants were absorbed by Q-Sourcing in October 2019. The court found the relationship continued only as long as EABL required the services, so the Respondent did not deliberately terminate the engagement.

p. 7
03

Whether the claimant is entitled to the remedies sought

Holding

Only a certificate of service was granted; terminal dues were refused because details were not set out and the claimant's dues were covered by NSSF contributions.

Reasoning

The court found the claimant did not particularise his terminal dues and was a member of NSSF, so any dues were covered by contributions and remittances. Compensation under section 49 was refused since no unfair termination was established. The only remaining prayer, the certificate of service, was granted, with no order for costs given the nature of the claim.

p. 7

Legal principles established

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  • An engagement where pay is ascertained by the amount of work performed, with salary varying month to month, is a piece rate engagement and not casual employment.
  • Where a piece rate worker's employment is tied to an outsourced contract that comes to an end, the cessation of the contract ends the engagement and does not constitute wrongful termination by the employer.

Court orders

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  1. 1.The Respondent is to issue the Claimant with a Certificate of Service
  2. 2.No order for costs (each party to bear own costs implicitly - court stated it will not grant any order for costs)

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment and labour relations claims (Employment Act; claim for unfair termination and terminal dues)
Consolidated with
E151 of 2021

Relief refused

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Declaration that dismissal was unfair and unlawful

Employment was piece rate and ended when EABL's contract with the Respondent ended; the Respondent did not deliberately terminate the engagement

p. 7

Terminal dues and compensatory damages totalling Kshs. 1,297,990

Details of terminal dues not set out; Claimant was an NSSF member so dues covered by NSSF contributions

p. 7

Costs of the suit

Given the nature of the claim, the court declined to grant costs

p. 7

Costs

No order for costs - 'Given the nature of the claim, I will not grant any order for costs.'

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Having considered this position, it is evident that the relationship between the claimant and the Respondents was not a casual employment relationship but piece rated engagement.
p. 7Status of employment - piece rate vs casual
It is therefore clear that the respondents didn't deliberately terminate their engagement with the claimant but this relationship was of a nature that it remained standing as long as EABL needed the services and this understanding was very clear.
p. 7No wrongful termination on expiry of client contract
The only other prayer sought is for issuance of a certificate of service which I grant him accordingly. Given the nature of the claim, I will not grant any order for costs.
p. 7Final orders

Issues in the judgment

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material

The parties' full names are not stated in the body of the judgment; the claim is referred to only as filed on 17th December 2021 and the Respondent is never named.

minor

Internal contradiction: the court states the claimant was not a casual but a piece rate employee, while counsel for the claimant had sought 12 months' compensation relying on 28 days' notice under section 35(1)(c), which the court did not resolve expressly.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Emodo v Sheer Logic Management Consultants (Cause E149 of 2021) [2025] KEELRC 2412 (KLR)", Case Analysis (2025). Consolidated with E151 of 2021 (Claimant's Memorandum of Claim dated 17th December 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2412/eng@2025-09-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.