Eric Mungatana v Rinse Fennema & another [2014] KEELRC 856 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 856
- Citation
- [2014] KEELRC 856 (KLR)
- Decided
- 14 March 2014
Summary at a glance
TypeUnfair DismissalPostureAppeal from an original trialCoramPresiding Judge
The Court found the termination to be unfair and the Claimant was constructively dismissed.
Facts
The Claimant was employed as a Safari Manager/Tour Guide by the Respondents from February 2007 to February 2012. The employment relationship ended in September/November 2011, and the Claimant ceased working. The Claimant filed a Statement of Claim alleging unfair termination.
Issues
- Whether the termination was unfair
- Whether the Claimant was constructively dismissed
Reasoning
The Respondents did not pay the Claimant his wages for September and October 2011, which was a significant breach of the employment contract. The Court found the termination to be unfair and the Claimant was constructively dismissed.
Outcome
The Claimant was found to have been constructively dismissed and was entitled to remedies.
Remedies
- Remedies for constructive dismissal
- Payment of wages for September and October 2011
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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