[2019] KEELRC 1480 (KLR)
The court found that the respondent breached the employment contract by giving only 11 days' notice instead of the required 3 months. The contract expressly provided for 3 months' notice or pay in lieu thereof. The respondent's monthly salary was Kshs 120,000/-, making the total due for 3 months Kshs 360,000/-. The...
Source-derived case information.
- Citation
- [2019] KEELRC 1480 (KLR)
- Parties
- Applicant: Africert Limited; Respondent: Kipkorir Albert Langat
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 171 of 2018
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim partly allowed
- Judges
- MSA Makhandia
- Legal Topics
- Breach of Employment Contract, Notice Period, Pay in Lieu of Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Africert Limited
Applicant
Kipkorir Albert Langat
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the respondent breached the employment contract by failing to give the requisite notice of resignation.
- 2 Whether the claimant is entitled to payment in lieu of notice.
- 3 Whether the claimant is entitled to return of company property and audit reports.
Ratio Decidendi
The court found that the respondent breached the employment contract by giving only 11 days' notice instead of the required 3 months. The contract expressly provided for 3 months' notice or pay in lieu thereof. The respondent's monthly salary was Kshs 120,000/-, making the total due for 3 months Kshs 360,000/-. The claim for return of the laptop was dismissed as the property had already been recovered, and the claim for audit reports was dismissed for lack of particulars or evidence. The court therefore ordered the respondent to pay Kshs 360,000/- in lieu of notice and awarded the claimant costs on half scale.
Court Disposition
claim partly allowed
Orders
- The respondent shall pay the claimant Kshs 360,000/- as pay in lieu of notice.
- The claimant is awarded costs on half scale.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 171 OF 2018
AFRICERT LIMITED.........................................CLAIMANT
v
KIPKORIR ALBERT LANGAT....................RESPONDENT
JUDGMENT
1. Africert Ltd (Claimant) and Kipkorir Albert Langat (Respondent) entered into a contract of employment on 10 August 2016. The Respondent was to serve as a Lead Auditor.
2. The contract was to last for 2 years subject to renewal and/or termination by the giving of 3 months’ notice or pay in lieu of notice.
3. On 1 October 2017, the Respondent gave the Claimant notice of resignation, effective 11 October 2017.
4. The Claimant was not amused and it sent a demand letter to the Respondent on 23 November 2017 alleging breach of contract, and seeking return of a work laptop and Kshs 360,000/- being the equivalent of 3 months’ salary in lieu of notice.
5. The demand was followed with the instant Cause.
6. On 31 July 2018, the Court granted leave to serve the Respondent through substituted service (through the last known registered address).
7. The Claimant caused to be filed an affidavit of service on 9 October 2018, attesting to service upon the Respondent on 30 August 2018.
8. Despite the service, the Respondent did not enter Appearance or file a Response and therefore the Cause proceeded to hearing on 4 March 2019 as an undefended Cause.
9. The Claimant’s Finance Manager testified.
Breach of contract
10. The contract of employment provided for a 3 month notice of termination. The Respondent only gave an 11 day notice (Respondent’s monthly salary was Kshs 120,000/-).
11. The Court finds that the Respondent was in breach of contract.
Lap top and audit reports
12. The Claimant acknowledged in its submissions that the lap top was recovered after a report was made to the Police and therefore nothing turns on this head of claim.
13. On the audit reports, the Claimant did not give any particulars either in evidence or submissions, and the Court will decline to find for the Claimant.
Conclusion and Orders
14. The Court finds and holds that the Respondent was in breach of contract and orders him to pay the Claimant
(a) Pay in lieu of notice Kshs 360,000/-
15. Claimant to have costs on half scale.
Delivered, dated and signed in Nairobi on this 31st day of May 2019.
Radido Stephen
Judge
Appearances
For Claimant Ms. Kwambukha instructed by Makori & Karimi Advocates
Respondent did not participate
Court Assistant Lindsey