Daniel Githinji Waigano v Kenpipe Co-Operative Savings & Credit [2014] KEELRC 1299 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1299
- Citation
- [2014] KEELRC 1299 (KLR)
- Decided
- 30 September 2014
Summary at a glance
TypeIndustrial DisputePostureAppeal from a High Court decisionCoramHON. LADY JUSTICE MAUREEN ONYANGO
The Court held that the Respondent did not provide the Claimant with the required 3 months notice for termination, thus the contract was not terminated in accordance with the terms.
Facts
The Claimant, Daniel Githinji Waigano, was employed as an Accounts Clerk by the Respondent, Kenpipe Co-operative Savings & Credit, on March 10, 1992. The contract was for a renewable fixed term of 3 years, with entitlements including house allowance, annual leave, medical allowance, and gratuity. The contract allowed for termination by either party with 3 months notice or pay in lieu, and service pay for termination by the Respondent for non-gross misconduct.
Issues
- termination of contract
- payment of gratuity
- service pay
Reasoning
The Court found that the Respondent failed to provide the required notice for termination, leading to the contract not being terminated as per the agreement.
Outcome
The Court ordered the Respondent to pay the Claimant the required 3 months notice and service pay.
Orders
- Order for payment of 3 months notice and service pay
Remedies
- Payment of 3 months notice and service pay
Authorities cited
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