Michieka v Nyankoba Tea Factory Co Ltd (Cause 6 of 2017) [2022] KEELRC 14684 (KLR) (23 March 2022) (Judgment)

Facts

The Claimant, Michieka, was employed by Nyankoba Tea Factory Co Ltd as a general worker. She was initially deployed to the tea infusion section and later to the leaf inspection section. In June 2015, she was issued a show-cause to explain why she had fought another employee. She was subsequently disciplined for late reporting and insubordination. The Claimant resigned in April 2016, alleging unfair treatment, discrimination, and underpayment.

Issues

1. Whether the Claimant was constructively dismissed
2. Whether the Respondent breached the contract

Reasoning

The Court found that the resignation was due to disciplinary cases and not due to unfair treatment. The breach of contract was established, and the Claimant was awarded gratuity and leave travelling allowance.

Outcome

The Claimant partially succeeded, receiving Kshs 213,429 in total.