Julius Okello v Payless Car Hire And Tours Limited [2014] KEELRC 663 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether resignation amounts to unlawful and untimely termination
Not applicable where the employee resigns voluntarily
The Claimant resigned on 1st March 2009 and the Respondent accepted the resignation. The Court held that a claimant who opts to resign and chooses the timing of the resignation cannot attribute that decision to the employer, so there is no basis for a declaration of unlawful termination.
Entitlement to accrued annual leave and unpaid salary on resignation
Granted as uncontroverted
With no Response filed and the matter proceeding ex parte, the Court found nothing on the record to doubt the claims for 37 days of annual leave pay and February 2009 salary, computing leave pay at Kshs. 63,412 divided by 26 working days multiplied by 37 days.
Legal principles established
#- An employee who resigns of his own volition cannot claim that the termination was unlawful or attribute the resignation to the employer
- Severance pay under section 40 of the Employment Act 2007 is only available where employment ends by redundancy
Court orders
#- 1.The Respondent shall pay to the Claimant 37 days of annual leave pay and salary for the month of February 2009 totalling Kshs. 153,832, within 30 days of the delivery of the Award
- 2.No order on the costs and interest
- Jurisdiction invoked
- Reference to the Industrial Court under the Employment Act 2007; dispute on terminal benefits
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Julius Okello v Payless Car Hire And Tours Limited [2014] KEELRC 663 (KLR)", Case Analysis (2014). Cause Number 799 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/663/eng@2014-02-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.