Joseph Mwambodze Nyotta v Capex Life Assurance Co. Ltd (Cause 851 of 2015) [2016] KEELRC 499 (KLR) (14 October 2016) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 499
- Citation
- [2016] KEELRC 499 (KLR)
- Decided
- 14 October 2016
Summary at a glance
The termination of the claimant's employment was a mutual agreement, and the claims for salary in lieu of notice and compensation for unfair termination are dismissed. The claimant is awarded kshs.120,000 for July 2015 salary and kshs.33,550 for leave earned.
Facts
Claimant Joseph Mwambodze Nyotta was employed as National Sales Manager by Capex Life Assurance Co. Ltd. on February 1, 2015. He requested to be transferred to Mombasa in June 2015, which was accepted. However, he was not paid salary for July, August, September, and October 2015. He brought a suit for terminal benefits and compensation.
Issues
- Whether the claimant vacated his office as the National Sales Manager or was terminated by the respondent.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The court found that the claimant and the respondent mutually agreed to end the employment contract and enter into a contract for services, with the claimant serving as an Independent Sales Agent for commission and retainer.
Outcome
Judgment for the claimant in the sum of kshs.153,550 plus costs and interest from the date of filing the suit.
Orders
- Award of kshs.120,000 for July 2015 salary
- Award of kshs.33,550 for leave earned
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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