Bundeh v Network for Adolescent and Youth of Africa (Naya) (Cause 443 of 2017) [2022] KEELRC 1097 (KLR) (15 June 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1097
- Citation
- [2022] KEELRC 1097 (KLR)
- Decided
- 15 June 2022
Summary at a glance
TypeUnfair Termination of Employment and Breach of ContractPostureAppeal from an original trial decisionCoramRADIDO
The Court finds that the termination was not unfair and awards the Claimant 1 month pay in lieu of notice and accrued leave equivalent to one and a half months' salary.
Facts
The Claimant was employed by the Respondent under an oral contract from 2012. In 2017, the Respondent sent the Claimant a written contract and requested him to sign it, but he declined. The Respondent then terminated the services on August 17, 2017, and the Claimant moved to court.
Issues
- Unfair termination of employment
- Breach of contract
Reasoning
The termination was due to failure to agree on the terms of a written contract, not for misconduct, poor performance, or physical incapacity. The Claimant did not provide evidence of accrued leave days.
Outcome
The Respondent is ordered to pay the awarded amounts within 30 days and issue a Certificate of Service within 21 days. Each party bears their own costs.
Orders
- 1 month pay in lieu of notice
- Accrued leave equivalent to one and a half months' salary
- Certificate of Service
Remedies
- Pay in lieu of notice
- Accrued leave
- Certificate of Service
Authorities cited
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