EDWARD MUTHURI v AIRFREIGHT FORWARDERS LIMITED [2007] KEHC 3217 (KLR)
- Court
- High Court of Kenya
- Case number
- 3217
- Citation
- [2007] KEHC 3217 (KLR)
- Decided
- 6 March 2007
The court finds and holds that the employee/appellant is in breach of the contract of employment by failing to give three month’s notice or three month’s salary in lieu thereof, and dismisses the appeal with costs to the respondent and against the appellant.
Facts
The appellant Edward Muthuri was employed by the respondent Airfreight Forwarders Limited as Assistant General Manager. The employment contract included a probationary period of six months and a clause allowing either party to terminate the contract with three months notice or three months salary in lieu. The appellant resigned during the probationary period, and the respondent claimed damages for breach of contract.
Issues
- whether the clause on the three months notice or three months salary in lieu of notice is applicable during the probationary period
- whether the appellant breached the contract by failing to give notice or salary in lieu
Reasoning
The court interprets the contract to mean that the three months notice or salary in lieu is applicable from the start of employment until the end of the probationary period, and beyond. The court upholds the lower court's judgment on this.
Outcome
Appeal dismissed with costs to the respondent and against the appellant.
Orders
- The appellant Edward Muthuri to pay the respondent Airfreight Forwarders Limited K.Shs.48,000/- in damages for breach of contract with interest at court rates from the date of the judgment at the Subordinate Court, till payment in full.
- Costs at both the lower Court and at this appellate court, with interest, at court rates, from the date of filing of the suit and this appeal respectively, till payment in full.
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