Mark Kimitai Suge v Unilever Kenya Limited [2020] KEELRC 1280 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1280
- Citation
- [2020] KEELRC 1280 (KLR)
- Decided
- 16 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstructive DismissalPostureAppeal from a Labour Relations Court decisionCoramNot explicitly named in the text, but implied to be the presiding judge(s)
Holding
The court found that the claimant has made out a case for constructive dismissal.
Facts
The claimant, Mark Kimitai Suge, was employed by Unilever Kenya Limited from 2000 to 2013. He was transferred to the Supply Chain department in Nairobi in 2011 and was later asked to resign by Siddhartha Rama Swamy, who misused HR policies.
Issues
- Whether the claimant has made out a case for constructive dismissal.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The court applied the principles of constructive dismissal as outlined in Isinya v Aga Khan Hospital Kisumu (2013) and Robs Indiazi v Tembo Sacco Limited (2018). The claimant's resignation was due to intolerable employer behavior, making it difficult for him to continue working.
Outcome
The claimant is entitled to terminal benefits in the sum of Kshs. 12,441,945.75.
Orders
- Payment of terminal benefits in the sum of Kshs. 12,441,945.75
Authorities cited
Cases cited (2)
- Milton M. Isinya vs Aga Khan Hospital Kisumu (2013) eKLR
- Robs Indiazi vs Tembo Sacco Limited (2018) eKLR
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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