Moses Kimanzi Katii v H. Young & Co. (E.A.) Limited [2018] KEELRC 1069 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1069
- Citation
- [2018] KEELRC 1069 (KLR)
- Decided
- 28 September 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDetermination of Employment DisputePostureAppeal from the original trialCoramNzioki wa Makau
Holding
The suit is dismissed with costs to the Respondent
Facts
The Claimant, Moses Kimanzi Katii, was employed as a mason grade III by the Respondent, H. Young & Co. (E.A.) Limited. He claimed wrongful dismissal, non-payment of terminal benefits, and unpaid salary. He alleged that he was dismissed without notice and without being given an opportunity to be heard. The Respondent claimed that the Claimant resigned his employment on his own volition.
Issues
- Whether due procedure and substantive justice were adhered to prior to the Claimant's dismissal
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The Claimant failed to prove either constructive dismissal or coercion, and he resigned from work, making him not entitled to notice.
Outcome
Dismissed with costs
Authorities cited
Cases cited (5)
- Edwin Beiti Kipchumba v National Bank of Kenya Ltd
- Linah Chebet Ngeny v Independent and Electoral Boundaries Commission
- Dorcas Mueni Muli v Kapric Apparels (EPZ) Limited
- William Kariuki v Kenya Civil Aviation
- Coca Cola East & Central Africa Limited v Mary Kagai Ligaga
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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