The Employment and Labour Relations Court has drawn a clear line between consultants and employees in a new ruling expected to shape future workplace disputes.
The case involved a project management consultant who sued a construction company for Ksh5.31 million in alleged unpaid earnings and employment benefits.
He argued that his long-term engagement made him an employee entitled to protection under labour laws.
The court disagreed. Justice found the agreement was consistently described as a consultancy, with fees of Ksh180,000 per month payable only upon submission of invoices detailing services rendered.
The contract was set to run until project completion and lacked key markers of employment such as direct supervision, payroll inclusion, and statutory deductions.
The judge ruled the claim failed to prove an employer employee relationship and could not claim benefits on that basis.
The dispute, the court said, was a commercial breach of contract matter, not an employment case, and dismissed it for lack of supporting documents.
The decision highlights that consultants seeking employee benefits must prove control, integration, and employment terms beyond a service agreement.
