Hudson Mudeheri v Garden Estate Academy [2014] KEELRC 606 (KLR)
The bottom line
#A Kenyan court ruled that an employee who deserted his probationary job effectively terminated his own contract, losing all claims against his employer.
What this practically means
#Executive summary
#Key legal issues
#Who initiated the termination of employment
The Claimant, by deserting duty, initiated termination; the Respondent did not instigate it
The attendance registers corroborated the Respondent's evidence of absenteeism and lateness. The Claimant did not prove he applied for or presented a sick-off chit. He left after being confronted by the School Manager and later demanded salary and a termination letter, apparently to found a claim. The Court concluded he walked out of the employment relationship.
Applicability of Section 42(1) of the Employment Act to a probationary contract
The Claimant, serving 4 months and 15 days of a 6-month probation inferred from annotations on his application, fell under Section 42(1) and was entitled only to 7 days' notice or pay in lieu
Although the parties did not explain the handwritten comments on the employment application, the Court held it was proper to conclude a 6-month probation existed given no written contract. Consequently the Section 41 procedural guarantees did not apply, and the employee would only be entitled to 7 days' notice or equivalent pay had the employer terminated.
Salary underpayment claim
The claim failed for want of proof of an applicable wage scale
The Claimant admitted accepting Kshs. 8,500 voluntarily because of promised increments, having proposed Kshs. 7,000 himself. He offered no wage instrument supporting the asserted Kshs. 12,342 scale for P1 Teachers in private schools, and never put that figure to the Respondent during pay negotiation.
Legal principles established
#- A probationary employee is not entitled to the procedural guarantees of Section 41 of the Employment Act but only to not less than 7 days' notice or pay in lieu
- In the absence of a written contract, handwritten annotations on a job application may be relied upon to infer terms such as a probationary period
Court orders
#- 1.The entire Claim is dismissed with no order on the costs
- Jurisdiction invoked
- Jurisdiction as the Industrial Court over a dispute of unfair and unlawful termination of employment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hudson Mudeheri v Garden Estate Academy [2014] KEELRC 606 (KLR)", Case Analysis (2014). Cause Number 1873 of 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/606/eng@2014-03-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.