John Karima Nyinge v Vipingo Ridge Limited [2022] KEELRC 683 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 683
- Citation
- [2022] KEELRC 683 (KLR)
- Decided
- 24 February 2022
The court finds the termination was lawful as the Appellant resigned voluntarily and the Respondent is entitled to damages equivalent to the Appellant's salary for the notice period.
Facts
The Appellant, John Karima Nyinge, was a watchman employed by the Respondent, Vipingo Ridge Limited. He received a letter terminating his contract on December 27, 2018, and filed a lawsuit for wrongful termination. The Respondent denied the termination was unlawful and claimed the Appellant resigned on December 21, 2018.
Issues
- Whether the termination was wrongful
- Whether the resignation letter was genuine
Reasoning
The court determined the resignation letter was received by the Respondent on December 24, 2018, and the Appellant resigned on December 21, 2018. The court ruled the termination was lawful as the Appellant resigned voluntarily and the Respondent is entitled to damages.
Outcome
Appeal dismissed with costs to the Respondent
Authorities cited
Legislation (1)
- Employment Act
Cases cited (1)
- Kenya Hotels and Allied Workers Union v Mara Siria t/a Safari Camps (K) Ltd [2016] eKLR
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