Where a contract of service allows a party thereto to terminate it either by giving notice of payment in lieu of notice, the employer or employee would be entitled to terminate the contract by following the procedure stipulated in the contract. This was the holding of Justice J. B. Havelock on 30th April, 2013 in the case of Carole Muriuki v. Gulf African Bank, in which the Plaintiff had challenged the Defendant’s decision to terminate her services on the ground that the termination was wrongful.
Justice Havelock affirmed the principle that contracts of service are not a ‘yoke of slavery’ and as such the parties were entitled to terminate them subject to the provisions of the contract.
The Defendant was represented by Georgiadis Khaseke of Mohammed Muigai.