Jared Ambani Abaguse v A.A.A. Growers Limited [2021] KEELRC 861 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 861
- Citation
- [2021] KEELRC 861 (KLR)
- Decided
- 30 September 2021
Summary at a glance
TypeEmployment DisputePostureAppeal from dismissal of claim with costsCoramAGNES M.K. NZEI
The court finds that the contract of employment was terminable by either party giving one month notice or payment of one month salary in lieu of such notice. The court grants the Respondent's relief of a sum of Ksh.23,000 for one month salary in lieu of notice.
Facts
Claimant was employed as a truck driver by Respondent from February 3, 2014 to February 28, 2015. Claimant was terminated on allegations of stealing. Claimant sought compensation for unlawful dismissal, damages, and payment for overtime worked.
Issues
- Whether the Respondent is entitled to three months' salary in lieu of notice
- Whether the contract of employment was valid and enforceable
Reasoning
The contract of employment was not signed by the Claimant and is not enforceable. The Employment Act requires the employee's consent to the contract, which was not provided.
Outcome
Claim dismissed with costs, Respondent awarded Ksh.23,000 for one month salary in lieu of notice
Orders
- Claim dismissed with costs
- Award of Ksh.23,000 to Respondent
Remedies
- Ksh.23,000 to Respondent
Authorities cited
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