Wambu v Searite Holdings Limited (Employment and Labour Relations Cause 1614 of 2016) [2022] KEELRC 12950 (KLR) (27 October 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 12950
- Citation
- [2022] KEELRC 12950 (KLR)
- Decided
- 27 October 2022
Summary at a glance
TypeConstructive DismissalPostureRespondent's Motion for Summary JudgmentCoramJK GAKERI
The Court found that the Respondent did not make a fundamental change to the contract of employment unilaterally, and the Claimant did not provide sufficient evidence to prove constructive dismissal.
Facts
The Claimant, Johnson Wambu, was employed by Searite Holdings Limited as a guard from February 2013 to June 2015. He alleged underpayment, lack of house allowance, overtime dues arrears, and reduction of off-duty days from 4 to 3. He wrote multiple letters of resignation but was not paid terminal dues.
Issues
- Whether the Claimant was constructively dismissed.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The court applied the doctrine of constructive dismissal, stating that the employee must have been entitled to or have the right to leave without notice due to the employer's conduct. The court ruled that the changes to the contract were not significant enough to constitute constructive dismissal.
Outcome
The Court dismissed the Claimant's claims.
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