Gibson Omari Nyambane v Esgray Company Limited [2019] KEELRC 910 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 910
- Citation
- [2019] KEELRC 910 (KLR)
The contract between the parties was frustrated by the conduct of the Claimant and therefore unfair termination of employment does not arise. The Court finds breach of contract and enters judgment for the Claimant for wages December 2017 Kshs 27,800/-.
Facts
Claimant Gibson Omari Nyambane was offered employment as a Gym Instructor by Respondent Esgray Company Limited. The Claimant alleged unfair termination of employment, breach of contract, and refusal to pay terminal benefits. The Respondent countered that the Claimant absconded from work.
Issues
- Was there unfair termination of employment?
- Did the Respondent breach the contract of employment?
- Appropriate remedies/Orders.
Reasoning
The Respondent had not made up its mind to dismiss the Claimant by 11 January 2018, and the contract became physically impossible to be performed due to the Claimant's mistaken belief that his services had been terminated.
Outcome
The Court finds breach of contract and enters judgment for the Claimant for wages December 2017 Kshs 27,800/-.
Orders
- Respondent to issue certificate of service within 21 days.
- Each party to bear own costs.
Remedies
- Wages for December 2017 Kshs 27,800/-
Authorities cited
Legislation (1)
- Employment Act, 2007
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