Josephat Kihia Muthoka v Kalu Works Limited & another [2016] KEELRC 1187 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1187
- Citation
- [2016] KEELRC 1187 (KLR)
- Decided
- 13 May 2016
The court finds that the claimant is disqualified from claiming gratuity due to resignation, and dismisses the claim for damages for breach of duty of care.
Facts
The claimant, Josephat Kihia Muthoka, resigned from his employment with Kalu Works Limited on April 15, 2014. He was a member of the Kenya Engineering Works Union. His employment was governed by a Collective Bargaining Agreement (CBA) that froze the gratuity scheme and replaced it with a pension scheme. The CBA stipulated that employees who resigned or lost their jobs on disciplinary grounds were not entitled to gratuity.
Issues
- Whether the claimant is entitled to gratuity and damages for breach of duty of care
Reasoning
The court holds that the claimant resigned voluntarily and the CBA's clause 26A disqualifies him from receiving gratuity. The claimant was aware of the consequences of his resignation and the court finds no merit in the claim for damages.
Outcome
The suit is dismissed.
Orders
- Each party to bear their own costs.
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