Karithi v Karumo Technical Training Institute (Cause E020 of 2021) [2024] KEELRC 218 (KLR) (9 February 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 218
- Citation
- [2024] KEELRC 218 (KLR)
- Decided
- 9 February 2024
The claimant was not unlawfully laid off, as his contract lapsed on 31st January 2020 and he declined renewal in November 2020. The claim for damages for unlawful redundancy and salary arrears for April 2020 to January 2021 fails. However, the claim for a certificate of service is granted.
Facts
Claimant was employed as a trainer/tutor by the respondent with a monthly gross salary of Kshs.25,000.00. The contract was based on fixed term contracts of one year. The respondent closed all schools and colleges due to the Covid-19 pandemic, and the claimant declined renewal of his contract in May 2020. The schools reopened in November 2020, and the respondent issued renewal offers to all BOG trainers, including the claimant, but he declined.
Issues
- Whether the claimant was unlawfully laid off
- Whether he is entitled to the reliefs sought
Reasoning
The respondent's evidence was found convincing, and the claimant's contract lapsed on 31st January 2020. The claimant was offered renewal in November 2020 but declined due to the lockdown. The burden of proving redundancy is on the claimant, but the evidence does not support this.
Outcome
The claimant's suit substantially fails, and he is not awarded damages or salary arrears. The claimant is granted a certificate of service.
Orders
- Grant of a certificate of service
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