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Wokabi v British American Tobacco Kenya Limited (Cause 31 of 2016) [2022] KEELRC 12694 (KLR) (29 September 2022) (Judgment)

[2022] KEELRC 12694 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
12694
Citation
[2022] KEELRC 12694 (KLR)
Decided
29 September 2022
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

Typeconstructive dismissalPostureoriginal trialCoramJAMES RIKA
The claim is declined, and costs are awarded to the respondent.

Facts

Claimant worked for the respondent for 18 years and was constructively dismissed. The respondent engaged in a process of targeting and insulting employees, including the claimant, and denied him career progression, bonuses, and redundancy benefits.

Issues

  • Constructive dismissal
  • Compensation for loss of salary, car allowance, provident funds, and enhanced bonus
  • Enforcement of mutual separation agreement
  • Compensation for accrued pension entitlements

Reasoning

The respondent's actions were not malicious, and the claimant was not compelled to sign the mutual separation agreement. The claimant left employment to take up a similar role at Unilever Kenya Limited.

Outcome

Declined

Orders

  • The claim is declined.
  • Costs to the respondent.
⚠ 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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