Lecturer awarded Sh 416,000 for breach of contract
By Robert Amalemba | May 16th 2021
A part-time lecturer has been awarded Sh416,000 after his employer breached his contract by refusing to pay him salary for eleven months.
The court ruled that the evidence by the E-Smart Technical College lecturer Tobias Andhala would be fully adopted as the college failed to step in court even after being served with a notice.
“Andhala testified on March 4, 2021, and his testimony was not challenged or rebutted, and the court will enter a judgment for him in the sum of Sh416,000 that he demanded from the College,” said Justice Stephen Radido of Kisumu Labour Court on Friday.
Andhala was employed as a part-time lecturer at the College on June 28, 2015, and by May 27, 2016, the College had not fully paid his salary.
On September 5, 2017, he escalated the dispute at the Labour Court after efforts to compel his employer to pay him.
“The college was served the court papers through its secretary on October 26, 2017, but it did not file a response,” said Radido.
This prompted the court to direct that the case proceeds without the party that had defied court summons.
At the close of the hearing of the case, the court was convinced that Andhala had a contract with the college which was abused.
Justice Radido further ordered that the award would accrue interest from September 5, 2017, when the case was filed.
The court directed Andhala to settle all the legal costs in the suit.
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