Benedict Esiromo Emacar v Kenya Postel Directories Limited [2017] KEELRC 1307 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1307
- Citation
- [2017] KEELRC 1307 (KLR)
- Decided
- 31 May 2017
Summary at a glance
TypeEmployment DisputePostureAppeal from the High CourtCoramLINNET NDOLO
The termination of the Claimant's employment was lawful and fair, and the Claimant is not entitled to the remedies sought.
Facts
The Claimant, Benedict Esiromo Emacar, was employed by the Respondent, Kenya Postel Directories Limited, as a Credit Controller from 16th November 1994 to 14th November 2005. The Respondent terminated his employment on 14th November 2005.
Issues
- Whether the termination of the Claimant's employment was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Employment Act, 2007, was not in effect when the cause of action arose, and the applicable law was the repealed Employment Act (Cap 226), under which termination could be by notice or pay in lieu thereof. The Claimant was paid one month's salary in lieu of notice and salary up to the date of termination.
Outcome
The Claimant's claim is dismissed in its entirety.
Authorities cited
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