Right of an employee to be paid one month salary in lieu of notice.

An employee has the right to be paid one month salary in lieu of notice. Section 36 of the Employment Act provides that Either of the parties to a contract of service may terminate the contract without notice upon payment to the other party of the remuneration which would have been earned by that other party, or paid by him as the case may be in respect of the period of notice required to be given under the corresponding provisions of that section. In Catherine Wayua Mutua v Dazzle Creation Limited [2017] eKLR the court allowed the respondents counterclaim which pleaded that the Claimant had effectively left the Respondent’s employment without notice and she was therefore liable to pay the equivalent of one (1) month’s salary in lieu of notice.http://kenyalaw.org/caselaw/cases/view/142791/index.php?id=3479

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