The Employment court has dismissed a claim filed by two courier firms against online shopping mall, Kilimall International Ltd following the termination of their contracts for delivery services.
Justice Stella Rutto threw out the claim by Chrismer Express Ltd and Jetfly Courier Services, whose services were ended in January 2017, saying the deals between the parties were not in the realm of an employment relationship.
The pair had a total of 32 riders who had been contracted to transport goods. The firms claimed that the online shopping company introduced terms in the agreement, which amounted to constructive dismissal.
“In this case, the claimants were engaged on contracts for service to provide a specific service and were to perform the said service as independent contractors for consideration. This takes the relationship out of the realm of employer-employee and it can very well be said that the parties were not in an employment relationship,” the judge said.
The court said the clauses contained in the agreements signed between the parties do not resonate in any way with the normal and ordinary terms of a contract of service.
The delivery firms said they were separately engaged by Kilimall in September 2016 and they carried out their duties as required until the services were terminated.
They claimed that the move amounted to a breach of contract, unfair termination, and discrimination.
Consequently, they jointly asked to be paid terminal dues and benefits being salary in lieu of notice, compensatory damages for unlawful termination and certificates of service for the 32 riders.
