Cain v Elsek and Elsek (K) Limited (Cause 1953 of 2015) [2022] KEELRC 13094 (KLR) (7 November 2022) (Judgment)

Summary at a glance

Facts

Claimant worked as a Financial Advisor for Respondent from January to March 2015. He was not paid salary and was asked to return a car. The parties communicated via email, indicating an intention to enter into an employment contract.

Issues

• Whether there was an employment relationship between the Claimant and the Respondent
• Whether the employment relationship was breached
• Whether the Claimant is entitled to the prayers sought

Reasoning

The Court considered the email correspondence and evidence, finding that the parties had a meeting of minds regarding an employment contract. The Claimant's performance was considered as executing his consideration.

Outcome

Claimant's claims upheld

Orders

• An order directing the Respondent to immediately and unconditionally pay the Claimant's dues for the period between January and April, 2015 being the sum of US$40,000.00
• An award for appropriate compensation for breach of contract by the Respondent for twelve months’ salary being the sum of US$ 120,000.00
• Damages for breach of contract
• Exemplary damages
• All other benefits that the Claimant is entitled to

Authorities cited