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THREE Mr. Worker was employed by Kampuni Ya Watu Wote Company Limited sometimes in 2015 as their salesperson with a gross salary of KSh. 30,000/-.
THREE Mr. Worker was employed by Kampuni Ya Watu Wote Company Limited sometimes in 2015 as their salesperson with a gross salary of KSh. 30,000/-. A dispute arose between the two directors of the company, Mr. Adonijah and Mr. Jeconish on the sharing of profits of the company. Since Mr. Worker was a close friend.of.Mr. Jeconiah there was suspicion in Mr. Adonijah that his co-director, Mr. Jeconiah, could use Mr. Worker to take over the company from him hence Mr. Adonijah had been planning to get rid of Mr. Worker from the company. On 1 April, 2019 Mr. Worker received a message from Mr. Adonijah through his WhatsApp platform, that: "You are fired!" Mr. Adonijah then instructed their no-nonsense security guard, a Mr. Fanya Fujo Uone that Mr. Worker should not be seen anywhere near the work premises. Mr. Worker stopped working for the company and did not receive his dues or certificate of service. It is now four years since Mr. Worker stopped working for the company and he has just realized that he needs a certificate of service for his new employer. He also feels that the procedure that was used to lay him off did not meet the requirements of the law hence he wishes to challenge the decision and compel the company to issue him with a compliant certificate of service and pay him his dues. Mr. Worker has approached you as a renowned lawyer in town with impeccable record. The reason he gives you for not challenging the decision earlier is that he was under disability because there was a period, after being dismissed from employment, when he underwent extreme depression whereupon he was diagnosed with a bipolar disorder and he has evidence to this effect. He has also confided in you that he did not believe that the WhatsApp message from Mr. Adonijah was sufficient and that he had been expecting a formal letter from the company, which he has not received to date. (a) Advise Mr. Worker on whether his prospective claim is time barred and how he can mitigate the shortcomings, if at all. (6 Marks) (b) Advise Mr. Worker on the appropriate forum.(4 Marks)
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