Isaac Fredrick Otonyo v Kenfreight (EA) Ltd [2015] KEELRC 15 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 15
- Citation
- [2015] KEELRC 15 (KLR)
- Decided
- 11 December 2015
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramONESMUS MAKAU
The claimant was constructively terminated and is entitled to service pay under the Collective Bargaining Agreement (CBA).
Facts
Claimant Isaac Fredrick Otonyo was employed by respondent Kenfreight (EA) Ltd as a driver from 18.7.2001. He was terminated on 6.11.2014 and claimed severance pay.
Issues
- Whether the claimant resigned from employment or was wrongfully terminated
- Whether the claimant is entitled to severance pay
Reasoning
The court found that the claimant's resignation was involuntary due to intolerable working conditions and was therefore a constructive termination. The court ruled that the claimant is entitled to service pay as per the CBA.
Outcome
The suit was dismissed with no order as to costs.
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