Paul Irungu Kogi v Skytech Communications Resources Ltd [2014] KEELRC 783 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 783
- Citation
- [2014] KEELRC 783 (KLR)
- Decided
- 14 January 2014
The Employment Act requires that terms and conditions of employment be clearly stated in writing and signed by both parties. The contract of service between the claimant and respondent was not properly documented, leading to ambiguities.
Facts
The claimant, Paul Irungu Kogi, was employed by the respondent, Skytech Communications Resources Ltd, as a Sales Executive from May 2004. He was issued a contract for two years with a fixed monthly salary of Kshs.14,697.00, a house allowance of Kshs.4,500.00, and a 15% gratuity benefit. The contract also provided for commissions based on sales targets.
Issues
- Terms and conditions of employment
- Bonuses due to the claimant
- Alterations to the contract
- Remedies
Reasoning
The Employment Act mandates that terms and conditions of employment be documented and signed by both parties. The contract of service was not properly documented, leading to ambiguities.
Outcome
The claimant's case was dismissed due to the lack of proper documentation of the terms and conditions of employment.
Authorities cited
Legislation (1)
- Employment Act
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