John Mulinge Mutuku v Kartasi Industries Limited [2019] KEELRC 2151 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2151
- Citation
- [2019] KEELRC 2151 (KLR)
- Decided
- 22 February 2019
Summary at a glance
TypeWrongful TerminationPostureAppeal from the original trialCoramMAUREEN ONYANGO
The court held that the Claimant was not unfairly terminated and that the Respondent did not owe any further payments.
Facts
The Claimant, John Mulinge Mutuku, was employed as a machine operator by the Respondent, Kartasi Industries Limited. He worked for two years and was paid a monthly salary of Kshs.15,000 and house allowance of Kshs.3,450. The Claimant demanded a salary increase, but the Respondent refused. The Claimant resigned on 21 August 2014, and the Respondent paid him for days worked up to 21 August 2014 and accrued leave days less one month's salary in lieu of notice.
Issues
- Whether the Claimant was unfairly terminated
- Whether the claimant is entitled to the reliefs sought
Reasoning
The court found that the Claimant resigned on his own volition and that the evidence did not support a case of constructive dismissal. The court also noted that the Claimant did not lead evidence as set out in his pleadings.
Outcome
The court dismissed the claim.
Orders
- The Claimant was paid for days worked up to 21 August 2014 and accrued leave days less one month's salary in lieu of notice.
- The Claimant was issued with a Certificate of service.
Remedies
- None
Authorities cited
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