Geofrey v Principal Bomet University College & another (Cause 100 of 2018) [2022] KEELRC 150 (KLR) (22 April 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 150
- Citation
- [2022] KEELRC 150 (KLR)
- Decided
- 22 April 2022
Summary at a glance
TypeLabor DisputePostureAppeal from a previous decisionCoramON MAKAU
The amended statement of claim is not valid and the claimant's resignation does not amount to constructive dismissal.
Facts
The claimant, Towett K. Geofrey, was employed by Moi University as a Grade III Clerk. He was later transferred to Bomet University College, which became a constituent college of Moi University. The claimant was suspended and later deployed to the academic department, which interfered with his part-time studies.
Issues
- Whether there is a valid amended statement of claim on record.
- Whether the claimant's resignation amounts to constructive dismissal.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The court found that the claimant did not seek leave to amend the statement of claim as required by the court rules, and thus the amended statement of claim is invalid. The resignation was not constructive dismissal.
Outcome
Affirmed
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