JOHN CHARO NGUMBAO V. AMANI TIWI BEACH RESORT

JUDGMENT OF THE COURT

By a written contract dated 1^st September 2012, the respondent, Amani Tiwi Beach Resort employed the appellant, John Charo Ngumbao as an Executive Sous Chef for a period of three months, at a monthly net salary of Kshs 50,000/=. Other pertinent terms of the contract were that the respondent could terminate the employment without notice in the event of misconduct, insubordination, intoxication while on duty, breach of the terms of the contract of employment, or any acts of commission or omission that prima facie amounted to misappropriation, fraud, or breach of trust, on the part of the appellant. The contract was terminable by each party giving 15 days notice in writing or paying 15 days salary in lieu of notice. Specifically clause 1 regarding the duration of the contract provided as follows:

“This contract of employment is for the period of three months commencing from 1^st September 2012 up to 30^th November 2012. The Management has decided, as a special case to o…