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Calleb Gudo v KCA University [2018] KEELRC 724 (KLR)

[2018] KEELRC 724 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
724
Citation
[2018] KEELRC 724 (KLR)
Decided
2 November 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeConstructive DismissalPostureAppeal from a decision of the Employment & Labour Relations CourtCoramNot explicitly named in the text, but implied to be the presiding judge(s)
Holding

The Court held that the resignation was not voluntary but through constructive termination.

Facts

The Claimant, Dr. Calleb Gudo, was employed by KCA University as a Centre Director and later as a Dean of a faculty. He was redeployed to the position of full lecturer on 27.6.2013 after complaints against him. He resigned on 2.9.2013 citing victimization, blackmail, and unfair treatment.

Issues

  1. Whether the resignation was voluntary or through constructive termination.
  2. Whether the Claimant is entitled to the reliefs sought.

Reasoning

The Court found that the employer's conduct rendered the continuation of the employment relationship intolerable, constituting a repudiatory breach of the contract of service.

Outcome

The Court dismissed the suit and ordered the respondent to pay the Claimant compensatory damages for unfair termination.

Orders

  • Dismissal of the suit with costs

Remedies

  • Compensatory damages for unfair termination
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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