Irene Jillani Mwamuye v Red Court Hotel t/a Boma Hotel [2021] KEELRC 750 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 750
- Citation
- [2021] KEELRC 750 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's claim for 3 months' salary in lieu of notice dismissedCoramHon. Lady Justice Anna Ngibuini Mwaure
Holding
The claimant is not entitled to three months' salary in lieu of notice as she voluntarily resigned and the respondent accepted the resignation and agreed to pay for one month.
Facts
Claimant resigned from employment on September 10, 2016, and gave a three months' notice. The respondent accepted the resignation and agreed to pay for one month up to October 9, 2016.
Issues
- Whether the claimant is entitled to three months' salary in lieu of notice
- Whether the respondent waived the notice period
Reasoning
The court found that the claimant voluntarily resigned and the respondent accepted the resignation, agreeing to pay for one month. The claimant did not serve the notice period and there is no evidence of waiver of the notice period.
Outcome
Claim dismissed
Authorities cited
Legislation (1)
- Employment Act
Cases cited (2)
- ELIZABETH KWAMBOKA KHAEMBA VS MOSOCHO SCHOOL AND OTHERS CAUSE NO.190/2013
- ELIZABETH KWAMBOKA KHAEMBA VS CARDINAL OTUNGA HIGH SCHOOL
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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