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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT MOMBASA
EMPLOYMENT APPEAL NO [reference]
[APPELLANT] v [RESPONDENT]
WRITTEN SUBMISSIONS
1. The appellant asks the ELRC to reevaluate the trial record under the applicable first-appeal approach. The issues are who employed the worker, how separation occurred, whether dismissal was fair and which independently pleaded monetary heads were proved.
2. The actual response admitted the employer relationship and monthly pay. Transfer to another worksite did not itself establish a new incorporated employer or a new contract. The source Court treated the worksite as a place of work and found the contrary trial conclusion ungrounded in the pleadings.
3. The piece-rate finding also required a pleaded and evidenced basis. The employer travel pattern and varying household workload could not replace the admitted monthly employment arrangement. Evidence must answer the defined pleaded case rather than introduce an unamended alternative employer story.
4. On separation, distinguish the worker consistent account of manager-led dismissal from the employer voluntary-departure allegation and actual contradictions. The reason and fairness burdens under sections 43 and 45 then require examination alongside the claimant burden and the applicable hearing obligations.
5. Compensation under section 49 is discretionary. The source considered service, circumstances and absence of proved contribution and allowed five months, not the twelve months requested. One month notice was allowed, while nine-year leave pay lacked a factual basis and was rejected.
6. The appellant requests the proved findings and relief only, with lawful interest and costs. Do not insert new witness accounts or payroll documents through submissions. The source ordered interest from the lower-court judgment and awarded costs of the suit; check the exact sealed orders in the actual matter.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected person and address].
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Identify pleaded issues, admitted evidence and genuine record pages. Follow directions on length, authorities, filing and service. Submissions do not introduce exhibits or cure missing substantive prayers. Distinguish what a party sought from what the Court ordered, and an unsuccessful historical position from the actual holding. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
A housekeeper alleged employment from 2012, monthly pay of KES 10,000 and verbal dismissal in March 2021. The employer alleged voluntary departure and poor performance following transfer to another worksite. The trial court dismissed the case and treated the worksite as another employer and the work as piece-rate.
The ELRC allowed the appeal, found continuing indefinite employment and unfair dismissal, and awarded KES 50,000 compensation and KES 10,000 notice pay. The KES 72,000 leave claim failed for lack of factual basis. Interest ran from the lower-court judgment and costs of the suit were awarded.
Check Employment Act sections 36, 41, 43, 45, 47(5), 49 and 90, applicable designated-magistrate procedure and ELRC appeal rules. A worksite transfer is not proof of a change of legal employer. Separate independent accrued-entitlement claims from compensation for unfair termination; nine years asserted service does not by itself prove nine years unpaid leave.
Read the original reported decision: [2025] KEELRC 2477 (KLR) — 18 September 2025
The original decision may identify participants. The specimen replaces their identifying details. The reproduced primary judicial text, Mombasa court heading, reasons and operative orders were checked. Source contradictions and unsuccessful positions are identified. These are newly drafted educational specimens, not original pleadings or matters handled by our team. No genuine exhibits, signatures, subsequent-order assurance or licensed-advocate review is claimed. Check the authentic file, current law and directions before use.
Related law and procedural rules
Constitution of Kenya · Employment Act · Employment and Labour Relations Court Act
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