[2019] KEELRC 287 (KLR)

[2019] KEELRC 287 (KLR)

The court found that after the fixed-term contract lapsed on 31.12.2005, the claimant continued working under a month-to-month contract. The respondent failed to prove that proper notice of termination was given, and the claimant was terminated without notice in February 2006. The court awarded the claimant one...

Source-derived case information.

Citation
[2019] KEELRC 287 (KLR)
Parties
Claimant: Diana Kageni Mbari; Respondent: National Empowerment Network of People with HIV/AIDS in Kenya (NEPHAK)
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 1691 of 2013
Procedural Posture
Employment Cause / Judgment
Outcome
judgment for the claimant in part
Judges
B Ongaya
Legal Topics
Unlawful Termination, Employment Contracts, Salary Arrears, Notice Periods
Source Language
en
Employment and Labour Unlawful Termination Employment Contracts Salary Arrears Notice Periods

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Summary, issues, holding and outcome

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Parties

Diana Kageni Mbari

Claimant

National Empowerment Network of People with HIV/AIDS in Kenya (NEPHAK)

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the claimant was unlawfully terminated without notice.
  2. 2 Whether the claimant is entitled to salary for February 2006 and payment in lieu of notice.
  3. 3 Whether the claimant is entitled to general damages for breach of contract.

Ratio Decidendi

The court found that after the fixed-term contract lapsed on 31.12.2005, the claimant continued working under a month-to-month contract. The respondent failed to prove that proper notice of termination was given, and the claimant was terminated without notice in February 2006. The court awarded the claimant one month salary in lieu of notice and prorated salary for February 2006. The claim for general damages was dismissed as not justified, and the Employment Act, 2007 was held inapplicable to the cause of action. The court also noted that salary arrears had already been paid and thus were not awarded.

Court Disposition

judgment for the claimant in part

Orders

  • Payment of Kshs.188,000.00 by 15.01.2020, failing which interest to be payable at court rates from the date of filing the suit until full payment.
  • The respondent to pay the claimant’s costs of the suit.