Thomas Ogunde Mboya v Grand Royal Swiss Hotel [2022] KEELRC 314 (KLR)

Facts

The Respondent offered the Claimant employment as Group Marketing Manager, and the Claimant accepted the offer through email. The Respondent prepared a formal employment contract, but the Claimant did not sign and return it. The Claimant later sued the Respondent alleging unfair termination of contract and breach of contract.

Issues

1. Whether there was an employment relationship between the parties
2. Whether the Respondent breached the contract

Reasoning

The Court held that the Claimant accepted the offer of employment through email, creating a binding contract. The Respondent's withdrawal of the offer was considered a repudiation of the contract.

Outcome

The Claimant is awarded pay in lieu of notice and damages for breach of contract.

Authorities cited