Samson Abuga Nyabate v Magena High School & another [2017] KEELRC 159 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 159
- Citation
- [2017] KEELRC 159 (KLR)
Summary at a glance
TypeUnlawful termination of employmentPostureClaim filed for general damages and terminal benefitsCoramJustice Mathews N. Nduma
The Claimant was not constructively dismissed and is not entitled to general damages or salary in lieu of notice. The Claimant is entitled to Kshs.21,000 in gratuity and Kshs.42,000 in lieu of leave days not taken.
Facts
Claimant was employed as a school driver by Respondent from February 2008. He resigned on May 13, 2015 citing non-payment of salary from January 2015 to May 2015 and other alleged breaches of contract. The Respondent failed to remit statutory dues to NSSF.
Issues
- Whether the Claimant resigned voluntarily or was constructively dismissed
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The Claimant failed to prove constructive dismissal. The resignation was due to personal reasons and the claimant's subsequent testimony was not credible.
Outcome
The claimant is awarded Kshs.21,000 in gratuity and Kshs.42,000 in lieu of leave days not taken.
Authorities cited
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