Philip Olouch Rasare v Mombasa Apparel EPZ Unit 2 [2014] KEELRC 190 (KLR)
The bottom line
#A Kenyan court paid the worker his unpaid salary but refused compensation because he couldn't prove he was forced out.
What this practically means
#Executive summary
#Key legal issues
#Whether termination of employment was instigated by the employer
The claimant failed to show that the respondent terminated his contract; his departure was voluntary
The court found the claimant's evidence that he was forced to go on leave was inconsistent with his Statement of Claim and advocates' letter, both of which showed he applied for unpaid leave. The HR Officer's evidence that he protested a new stitching style and asked to cool off was found believable, and he did not return until after the contract had expired on 15th October 2013.
Entitlement to salary for days worked and arrears
Awarded in full as conceded by the respondent
The respondent conceded the prayers for 14 days' salary for work done in October 2013 and the unpaid salary arrears. The court found these prayers uncontested and directed payment in full and final satisfaction of the claim within 14 days.
Legal principles established
#- An employee who walks out on a fixed-term contract shortly before its expiry and claims to have been forced to leave but cannot substantiate it is not entitled to notice pay or compensation for unfair termination
Court orders
#- 1.The Respondent shall, within 14 days of the delivery of the Award, pay to the Claimant a total of Kshs.7,684, for days worked in October 2013, and for arrears of salary, in full and final satisfaction of the Claim
- 2.No order on the costs and interest
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment causes (Industrial Court Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Philip Olouch Rasare v Mombasa Apparel EPZ Unit 2 [2014] KEELRC 190 (KLR)", Case Analysis (2014). Cause Number 423 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/190/eng@2014-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.