JUDGMENT OF THE COURT
Through an agreement dated 2nd January, 2010, the respondent was engaged by the appellant as Human Resources Manager, which employment was later confirmed after serving six months’ probation period vide a letter dated 23rd June, 2010. He continued to serve in that capacity until January 2012, when he was requested to voluntarily tender his resignation, failing which the appellant would terminate his services with full benefits. Apprehensive that a voluntary resignation would prejudice his rights, the respondent declined to resign. True to its word, in a letter dated 12th January 2012, the appellant terminated the respondent’s services and paid him a net sum of Kshs.713,308/- in terminal dues.
Dissatisfied, the respondent lodged a claim in the Industrial (now the Employment and Labour Relations) Court Nairobi, seeking a declaration that the termination was unfair and wrongful and for damages for the wrongful dismissal. According to the respondent, the appellant had …