Risper Nyandwaki Nyambane v Viva Afya Limited [2022] KEELRC 1027 (KLR)

Facts

The claimant, Risper Nyandwaki Nyambane, alleged that the respondent, Viva Afya Limited, unlawfully withheld her salary with effect from March, 2015, leading to her resignation on 5th June, 2015. The respondent admitted not paying the claimant's salary for 4 months but denied terminating her from employment.

Issues

1. Whether the claimant was constructively dismissed or unfairly and unlawfully terminated by the respondent?
2. What reliefs, if any, are available to the claimant?

Reasoning

The court found that the claimant did not indicate the reason for her resignation, and the failure to pay salary alone does not justify constructive dismissal. The court applied the principles from the Coca Cola case to determine that there was no causal link between the employer's conduct and the employee's resignation.

Outcome

Dismissed

Authorities cited