Julie Akinyi Oloo v Red Hot Branding Limited [2021] KEELRC 514 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 514
- Citation
- [2021] KEELRC 514 (KLR)
- Decided
- 3 November 2021
Summary at a glance
TypeConstructive DismissalPostureClaimant's UnopposedCoramNZIOKI WA MAKAU
Claimant is entitled to salary for January and February 2017, salary for 17 days worked in March 2017, notice pay of one month, costs of the suit, and interest on the sums.
Facts
Claimant was employed as Personal Assistant to the Director by Respondent. Respondent failed to remit wages for January and February 2017, leading to inconvenience and confrontation with the bank. Claimant resigned on March 17, 2017.
Issues
- Constructive dismissal
- Unpaid salary
- Notice pay
- Compensation for constructive dismissal
Reasoning
Constructive dismissal is not applicable due to the failure to pay wages, which is a repudiation of the contract, not a hostile work environment. The Claimant is entitled to a dignified exit with notice and wages settled.
Outcome
Claimant wins
Orders
- Salary for January and February 2017 - Kshs. 212,550/-
- Salary for 17 days worked in March 2017 - Kshs. 60,222.50
- Notice pay of one month - Kshs. 106,275/-
- Costs of the suit
- Interest on the sums at Court rates from the date of judgment till payment in full
- Certificate of service
Remedies
- Salary for January and February 2017
- Salary for 17 days worked in March 2017
- Notice pay of one month
- Costs of the suit
- Interest on the sums
- Certificate of service
Authorities cited
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