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EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA AT MOMBASA

(2016) JELR 104263 (CA)

Court of Appeal  •  Civil Appeal 31 of 2015  •  11 Mar 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia JA William Ouko JA Kathurima M'inoti JA

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The respondent who had a long and checkered career in the employment of the appellant spanning over fourteen (14) years rose from the post of Finance Manager to become the General Manager. That career was abruptly terminated by a letter dated 26<sup>th</sup> November, 2010, in which the appellant, through its Group Managing Director, invoking the respondent’s contract of employment of 5<sup>th</sup> September, 1996, informed the latter that his employment would be terminated with effect from 1<sup>st</sup> December 2010, having been given one month notice. He was also informed that he would be paid salary for the month of December 2010 <em>in lieu</em> of notice. We shall shortly explain this apparent anomaly in the notice.</p><p class="ql-align-justify">The letter further stated that although the respondent’s contract of employment did not provide for payment of any other terminal benefits, and while the Employment Act was not clear on such payment, the appellant was nonetheless prepared to pay the respondent the <em>“normal dues”</em> of 15 da…</p>

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