Ochola v Devine Homes Resort Limited (Cause E022 of 2023) [2024] KEELRC 2247 (KLR) (23 September 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2247
- Citation
- [2024] KEELRC 2247 (KLR)
- Decided
- 23 September 2024
The Claimant resigned from the service of the Respondent and is not entitled to pay in lieu of notice, unpaid salary for 16 days worked in April 2023, or compensation. The Claimant's claim for a certificate of service is granted.
Facts
The Claimant, Oscar Modyoch Ochola, was appointed Sales and Marketing Manager at Devine Homes Resort Limited on February 2, 2021, with a monthly gross salary of Kshs 134,000. He resigned on March 9, 2023, and the Respondent's Managing Director, Gabriel Jabongo, accepted the resignation on March 10, 2023. The Claimant claimed he was dismissed unlawfully.
Issues
- Whether the Claimant resigned or was dismissed
- Whether the Claimant is entitled to the remedies sought
- Whether the Respondent has proven the Counterclaim
Reasoning
The court found that the Claimant resigned on March 9, 2023, and the notice period expired on April 10, 2023. The WhatsApp messages and emails indicate that the Respondent accepted the resignation and did not show any change of heart. The Claimant's claim for unpaid salary and compensation is dismissed.
Outcome
The Claimant's claim is dismissed.
Orders
- The Claimant is not entitled to pay in lieu of notice.
- The Claimant is not entitled to unpaid salary for 16 days worked in April 2023.
- The Claimant's claim for compensation is dismissed.
- The Claimant is issued with a certificate of service.
Authorities cited
Legislation (1)
- Employment Act
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