The Industrial Court found Francis Omara Thule’s termination unlawful, holding that Roofings Company Ltd failed to prove genuine restructuring or follow the required procedure.
The court found that the claimant was terminated in 2002 during a restructuring process and paid all his benefits. Subsequent engagement by the respondent was on a voluntary, as-needed basis, with payment for specific services rendered, not on the original full-time employment terms. There was no evidence of salary payment or demand for salary by the claimant after 2002, nor was there a letter of reinstatement. References to the claimant as Union Secretary and issuance of identity cards were deemed facilitative for occasional work, not indicative of full employment status. The assignment of d…