Susan Njeri Warui v Postal Corporation of Kenya [2022] KEELRC 1081 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1081
- Citation
- [2022] KEELRC 1081 (KLR)
Summary at a glance
TypeConstructive DismissalPostureClaimant's claim for unfair termination and salary in lieu of noticeCoramDR. JACOB GAKERI
Judgment is entered for the Claimant for the sum of Kshs.318,735/-
Facts
Claimant was suspended by the Respondent on 8th December 2015 for investigation into a fraud case. The Respondent did not inform the Claimant of the outcome of the investigation. The Respondent opened the Claimant's safe and found Kshs.138,300/- missing.
Issues
- Whether the Claimant was constructively dismissed
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The Court adopted the contractual test approach and found that the Respondent's conduct was so grave that it constituted a repudiatory breach of the contract of employment.
Outcome
Claimant wins
Orders
- Judgment for the Claimant for the sum of Kshs.318,735/-
- Interest at Court rates from the date of judgment till payment in full
Remedies
- Salary in lieu of notice
- Compensation for unfair termination
- Declaration that termination of employment was unfair
Authorities cited
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