Termination of Contract of Service

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MEMORANDUM TO : Amos Wepukhulu FROM: Timothy Kihara (2009205) DATE : 22nd June 2009 RE : BMDI (BMDI/01/09) SUBJECT: Terms, Termination and Determination of Employment in a Contract of Service Herein below is the complete draft preliminary legal opinion as instructed for your perusal and approval. QUESTIONS PRESENTED Is BMDI liable for wrongful dismissal and unlawful termination of employment on sending a letter of termination of employment without notice dated 30th April 2009 to the complainant? Does BMDI’s notice of termination of employment four months after expiry of contract of service impute renewal of the contract by conduct and thus entitle complainant to receipt of salaries for that period? Do the terms of service and the contract of service entitle Mr. Kobe Moss, the complainant, to leave allowance in lieu of leave and reimbursements for expended petty cash? BRIEF ANSWERS No. Termination of the contract of employment required a month’s notice of termination or payments equaling a month’s remuneration in lieu of notice which BMDI made vide the cheque enclosed in the letter of termination to the complainant dated 30th April 2009. Termination was thus lawful. No. The 30th April 2009 letter to the complainant though raising inference of a contract of service there was no performance by Kobe Moss for evaluation and assessment for remuneration for that period or for determination of renewal of the contract, positive evaluation thereof, being the basis for such renewal. No. The contract of service requires that annual leave be planned and taken within the year it is due otherwise it lapses and becomes forfeited and so does any benefits thereof. In this case annual leave lapsed upon expiry of contract on 31st December 2008 and so did any claims under it. STATEMENT OF FACTS Mr. Kobe Moss entered into service in

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