JUDGMENT OF THE COURT
1. This appeal arises from the judgment of the Industrial Court of Kenya at Nairobi in Cause No. 919 of 2010 where Captain Mohamed Noor, hereinafter referred to as “the respondent”, was the claimant against CMC Aviation Limited, hereinafter referred to as “the appellant”.
2. In his statement of claim before the trial court, the respondent stated that via a contract of employment executed on 21st January, 2008 between him and the appellant, he was employed on a two year contract as a Chief Pilot on a monthly salary of US$9000. The contract of employment was terminable by either party giving one month’s notice or one month’s salary in lieu thereof. The respondent could also be summarily dismissed from his employment on any of the grounds contained in clause 7 of the said contract.
3. In October 2008 the respondent was demoted from the position of Chief Pilot to Line Captain and his salary was reduced to a sum of US$5075 per month or the equivalent of Kshs.406,000/= at…