Michael Kiprono Langat v Jamii Bora Bank Limited [2019] KEELRC 379 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 379
- Citation
- [2019] KEELRC 379 (KLR)
- Decided
- 16 October 2019
Summary at a glance
TypeUnfair TerminationPostureAppeal from original trialCoramHON. LADY JUSTICE HELLEN WASILWA
The Court finds that the Claimant resigned willfully and the claim for salary for September and November 2015 cannot be merited. The only remedy is the leave for the year prorated.
Facts
The Claimant, Michael Kiprono Langat, was employed as a branch manager by Jamii Bora Bank Limited from March 2014 until his termination on October 12, 2015. He filed a cause of action challenging the termination and seeking compensation.
Issues
- Unfair termination of employment
- Constructive dismissal
Reasoning
The Claimant resigned on July 7, 2015, after being summoned for a disciplinary hearing. The Court finds the resignation was voluntary and not coerced, thus dismissing the claim for salary.
Outcome
The Claimant's claim for salary for September and November 2015 is dismissed. The Claimant is entitled to 7 months prorated leave.
Orders
- Each party to meet its own costs
Remedies
- 7 months prorated leave
Authorities cited
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