Wachanga v Revere Technologies Limited (Cause E1024 of 2021) [2024] KEELRC 2135 (KLR) (29 July 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2135
- Citation
- [2024] KEELRC 2135 (KLR)
- Decided
- 29 July 2024
Summary at a glance
TypeEmployment DisputePostureClaimant seeks declaration of constructive dismissal and damages.CoramJK GAKERI
The Claimant was not on probation by the end of May 2021, and the salary reduction was unlawful.
Facts
Claimant was employed by Respondent as an Account Manager on January 1, 2021, with a probationary period of 3 months. Salary was reduced to Kshs.80,000/= per month in May 2021 without notice, and the terms of employment were changed to commission-based.
Issues
- Whether the Claimant was still on probation by the end of May 2021.
- Whether the salary reduction in May 2021 was unlawful.
- Whether the variation of terms of employment was lawful.
Reasoning
The probationary contract ended on March 31, 2021, and the extension by the Respondent was ineffectual due to lack of the Claimant's consent. The reduction of salary was unlawful as it was not mutually agreed and lacked notice.
Outcome
The Claimant's case is dismissed.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…