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Monica W. Kogi v Talent Recruit Limited [2019] KEELRC 610 (KLR)

[2019] KEELRC 610 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
610
Citation
[2019] KEELRC 610 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeEmployment DisputePostureClaimant's case dismissed, claimant awarded 2 months' outstanding salaries and certificate of service.CoramBYRAM ONGAYA
Claimant voluntarily resigned from the respondent’s service effective January 4, 2016. The claimant is awarded 2 months' outstanding salaries and a certificate of service.

Facts

Claimant Monica W. Kogi was employed by Talent Recruit Limited as Head of Talent Acquisition and related services. She resigned on January 4, 2016, citing discussions about proposed changes in terms of service and non-remittance of her dues. The respondent claimed she failed to report for work after resigning.

Issues

  • Constructive termination
  • Payment of outstanding salaries and house allowance

Reasoning

The Court found that the claimant resigned voluntarily due to discussions about proposed changes in terms of service and non-remittance of her dues. The respondent was willing to pay the outstanding salary and issue a certificate of service.

Outcome

Claim dismissed, claimant awarded 2 months' outstanding salaries and certificate of service.

Orders

  • The respondent to pay the claimant Kshs.325,000 by December 15, 2019, failing interest to run thereon at Court rates from the date of filing the suit to the date of full payment.
  • The respondent to deliver the certificate of service within 7 days.
  • Each party to bear own costs of the suit.

Remedies

  • Payment of outstanding salaries
  • Certificate of service

Authorities cited

Legislation (1)
  • Employment Act 2007
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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