Shalom Nyambura Ndegwa v Visionary Empowerment Program (VEP) [2017] KEELRC 166 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 166
- Citation
- [2017] KEELRC 166 (KLR)
Summary at a glance
TypeLabor DisputePostureClaimant's AppealCoramBYRAM ONGAYA
There was no contract of employment between the parties, and there was no case for constructive dismissal. The claimant is not entitled to any of the remedies as prayed for.
Facts
The claimant, Shalom Nyambura Ndegwa, was employed by the respondent, Visionary Empowerment Program (VEP), as a Sacco Officer at Kangari Branch. She was initially paid Kshs.30,000 per month but her pay was reduced to Kshs.20,000 without notice. She resigned on 15.10.2015 citing unfair constructive dismissal.
Issues
- Whether the respondent employed the claimant.
- Whether there was constructive dismissal.
- Whether the claimant is entitled to any of the remedies as prayed for.
Reasoning
The court found that the letter of appointment relied upon by the claimant was not signed for the respondent and thus cannot be binding. The claimant's contradictory statements regarding the reason for resignation do not aid her case. The claimant resigned to attend to her son and mother, and the reasons were express and in writing.
Outcome
The claimant's appeal is dismissed.
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