[2021] KEELRC 1877 (KLR)
The court held that the applicant's employment contract with the respondent ended upon his dismissal on 4 September 2020. In the absence of any contractual provision obligating the respondent to continue paying salary or providing medical cover pending the outcome of an appeal, no such entitlement exists. The...
Source-derived case information.
- Citation
- [2021] KEELRC 1877 (KLR)
- Parties
- Applicant: Peter Patrick Musuya Furaha; Respondent: Kenya Power & Lighting Company PLC
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause E012 of 2020
- Procedural Posture
- Employment Cause / Ruling on Interlocutory Application
- Outcome
- application dismissed with costs
- Legal Topics
- Summary Dismissal, Remuneration Entitlement Post Dismissal, Employment Contract Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Patrick Musuya Furaha
Applicant
Kenya Power & Lighting Company PLC
Respondent
Procedural Posture
Employment Cause / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicant is entitled to continued payment of monthly salary and medical cover after dismissal pending determination of his appeal.
- 2 Whether the employment contract imposes any obligation on the respondent to pay remuneration after termination.
Ratio Decidendi
The court held that the applicant's employment contract with the respondent ended upon his dismissal on 4 September 2020. In the absence of any contractual provision obligating the respondent to continue paying salary or providing medical cover pending the outcome of an appeal, no such entitlement exists. The applicant failed to demonstrate any basis for continued remuneration after termination. Therefore, the motion seeking payment of salary and medical cover post-dismissal was found to be without merit and was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The Motion dated 12 October 2020 is dismissed with costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. E012 OF 2020
PETER PATRICK MUSUYA FURAHA.....................................CLAIMANT
VERSUS
KENYA POWER & LIGHTING COMPANY PLC..............RESPONDENT
RULING
1. Peter Patrick Musuya Furaha (the applicant) was dismissed through a letter dated 2 September 2020 by the Kenya Power & Lighting Co PLC (the Respondent). The applicant appealed against the dismissal on 23 September 2020.
2. On 19 October 2020, the applicant instituted legal proceedings against the Respondent, alleging that he was entitled to continued payment of monthly salary until the determination of the appeal.
3. Filed at the same time was a Motion under a certificate of urgency seeking orders:
(i) …
(ii) THAT pending the inter-partes hearing and determination of this application, this Honourable Court be pleased to order that the Claimant/Applicant is entitled to the monthly salary and medical cover entitlement dues for September 2020 and the months that follow thereafter up to the time the appeal vide the Applicant's letter dated 2nd September 2020 referenced as KPI/5A/2A/2/FURAHA/53155/DNN/dl is heard and determined.
(iii) THAT pending the hearing and determination of the main suit, this Honourable Court be pleased to order that the Claimant/Applicant is entitled to the monthly salary and medical cover entitlement dues for September 2020 and the months that follow thereafter up to the time the appeal vide the Applicant's letter dated 2nd September 2020 referenced as KPI/5A/2A/2/FURAHA/53155/DNN/dl is heard and determined.
(iv) THAT the costs to and incidental to this application be provided for.
4. On 15 December 2020, the Court directed the parties to file and exchange affidavits and submissions ahead of Ruling today.
5. The applicant filed his submissions on 21 December 2020, while the Respondent filed a further affidavit and submissions on 12 January 2021.
6. The Court has considered the Motion, affidavits and submissions.
7. A dismissal, whether fair or not, brings to an end the employment contract. With the end of the relationship, none of the parties owes the other any obligation(s) as to the continued payment of remuneration pending an appeal unless the contract in place provided for such an obligation.
8. Since the contract between the parties herein ended on 4 September 2020, the Respondent has no obligation, and the applicant did not demonstrate that the Respondent should fulfil any obligations under the ended contract.
9. The Court finds the Motion dated 12 October 2020 without merit, and it is dismissed with costs.
Delivered through Microsoft teams, dated and signed in Nairobi on this 7th day of April 2021.
Radido Stephen, MCIArb
Judge
Appearances
For applicant Ndalila & Co. Advocates
For Respondent Kiruki & Kayika Advocates
Court Assistant Chrispo Aura