MUTHAIGA COUNTRY CLUB v SIMON WACHIRA MUHURO [2009] KEHC 2563 (KLR)
- Court
- High Court of Kenya
- Case number
- 2563
- Citation
- [2009] KEHC 2563 (KLR)
- Decided
- 23 June 2009
The court held that the respondent voluntarily resigned from his employment and that the appellant did not owe him Kshs.155,212.50 as terminal dues.
Facts
The respondent, Simon Wachira Muhiro, was employed by Muthaiga Country Club as a cook from February 17, 1980, to February 15, 1999. He resigned on February 15, 1999, and claimed Kshs.155,212.50 as terminal dues, which he argued was rightfully due to him.
Issues
- whether the respondent's employment was terminated by the appellant
- the correct calculation of terminal dues
Reasoning
The court found that the respondent resigned voluntarily and that the appellant had paid him the correct amount of Kshs.77,038.51, which included severance pay, salary for 15 days worked in February 1999, three months pay in lieu of notice, pay in lieu of leave, leave/travelling allowance, and 12 days holiday pay.
Outcome
The appeal was dismissed.
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