Samuel Mbugua Kang’ethe v University Council Inoorero University [2016] KEELRC 1365 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1365
- Citation
- [2016] KEELRC 1365 (KLR)
- Decided
- 1 April 2016
Summary at a glance
TypeConstructive DismissalPostureClaimant seeks compensation for constructive dismissal, Respondent denies and seeks to pay terminal benefitsCoramAbuodha J. N.
The Court declines to make a finding that the claimant was constructively dismissed, but he will be paid his terminal dues as admitted by the respondent for the three complete years he served the respondent.
Facts
Claimant was appointed as Deputy Vice Chancellor Academic, Research and Student Affairs. He resigned on 15th October, 2012, claiming it was due to threats and financial constraints. Respondent denied the resignation was voluntary and claimed it was due to poor performance.
Issues
- Whether the claimant was constructively dismissed
- Whether the claimant is entitled to terminal benefits
Reasoning
The Court finds the claimant's resignation was not due to threats or coercion, but due to poor performance in executing the transfer of LLB students. The claimant was not dismissed but was asked to reconsider his position and step aside.
Outcome
Claimant partially successful, each party bears their own costs
Orders
- Claimant to be paid terminal benefits for three complete years
Remedies
- Terminal benefits for three years
⚠ 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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