Geraphas Nyakundi Nyangau v Career Directions Limited [2016] KEELRC 1264 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1264
- Citation
- [2016] KEELRC 1264 (KLR)
The termination of the claimant's employment was unfair, unlawful, and unjustified.
Facts
Claimant was employed as a Yard Clerk by the Respondent from 14.4.2014. He was suspended on 2.1.2015 for alleged corruption, denied the charge, and kept under suspension without pay. He filed a demand letter on 21.5.2015, but no response was received. He brought a suit for terminal dues and compensation for unfair termination.
Issues
- Whether the indefinite suspension without pay amounted to constructive termination.
- Whether the reliefs sought ought to issue.
Reasoning
The court found that the respondent charged the claimant with corruption but failed to prove and use it to punish him. The indefinite suspension without pay, even after a disciplinary hearing, amounted to constructive termination.
Outcome
Judgment entered for the claimant declaring his termination unfair and unjustified and awarding him kshs.226,076.80.
Remedies
- kshs. 19716.00 in lieu of notice
- kshs.19,716.00 in salary for December 2014
- kshs.9,200.80 in respect of 14 days leave outstanding
- kshs.118,296.00 in salary for the suspension period from January and July 2015
- kshs.59,148.00 in compensation for the unfair and unjustified termination
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