Erastus Munywoki Mutua & 144 others v Ready Consultancy Company Limited & another [2022] KEELRC 1134 (KLR)

Summary at a glance

Facts

The 1st respondent (Ready Consultancy Company Limited) offered a transfer to the claimants, but the 2nd respondent (the employer) did not terminate the employment relationship.

Issues

• Whether the claimants are entitled to notice pay and damages for unfair termination.
• Whether the claimants are entitled to annual leave pay.
• Whether the 1st respondent's counterclaim for one month's pay in lieu of notice is justified.

Reasoning

The claimants were not terminated, and thus, their claims for notice pay and damages for unfair termination are dismissed. The claimants were not entitled to annual leave pay as they had not earned it. The 1st respondent's counterclaim for one month's pay in lieu of notice is not justified due to the claimants' rejection of the transfer and the 1st respondent's failure to initiate disciplinary action.

Outcome

Judgment for the parties: declaration that the 1st respondent was the sole employer, declaration that there was no unfair or unlawful termination, dismissal of the claimant's suit and the counterclaim, and each party to bear their own costs.

Authorities cited