Nickson Marita v Thika Coffee Mills Limited [2018] KEELRC 635 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 635
- Citation
- [2018] KEELRC 635 (KLR)
- Decided
- 9 November 2018
The respondent had by his conduct terminated the claimant’s employment contract and the claimant was right in considering that he had been constructively terminated. The constructive termination of the claimant contract of service by the respondent was unfair.
Facts
Claimant was suspended indefinitely from work for alleged syphoning of fuel from the vehicle he was assigned to drive. The suspension continued for over one year without pay.
Issues
- Whether the indefinite suspension amounted to unfair termination of the contract of service.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The respondent prevented the claimant from performing his part of the contract as a driver and committed a repudiatory breach of the employment contract by denying the claimant his pay for over a year. The lack of valid and fair reason and failure to accord a hearing prior to the termination rendered the termination unfair.
Outcome
The claimant was awarded one month salary in lieu of notice plus 12 months salary compensation for unfair termination of his contract of service.
Orders
- One month notice Kshs 7,879.00
- Compensation 95,548.00
- Unpaid salary 88,184.20
Remedies
- Costs and interest
Authorities cited
Legislation (1)
- Employment Act
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