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Next Generation Communication Ltd v. George M. Kirungaru

(2019) JELR 98459 (CA)

Court of Appeal  •  Civil Appeal 148 of 2015  •  19 Jul 2019  •  Kenya

Coram
Wanjiru Karanja, Sankale ole Kantai, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The respondent, George M. Kirungaru, was employed by the appellant, Next Generation Communication Limited, vide a letter of appointment which stated inter alia that employment took effect on 17th August, 2001. The said letter provided on the issue of termination:

“Notice of termination of service is 2 months by either party. In the case of separation 2 months’ salary in lieu of notice is payable to either party not notified on time.”

By a handwritten letter dated 11th March, 2012 the respondent resigned from the said employment stating amongst other things that the letter served as his one month notice to terminate the contract of

employment, and that his last day of employment would be 31st March, 2012. The resignation was accepted.

By a Memorandum of Claim filed at the then Industrial Court of Kenya at Nairobi (renamed “Employment and Labour Relations Court”), the respondent claimed that he had worked for the appellant in various capacities from 1st August, 2001 to …

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