Kazungu v Navistat Telematics Ltd (Cause E067 of 2021) [2022] KEELRC 1648 (KLR) (20 June 2022) (Ruling)

Facts

The Claimant was employed as an Accountant by the Respondent from April 1, 2015. In 2018, the Claimant was informed by the Chief Executive Officer that he should only report to work when instructed by the company. The Respondent did not pay the Claimant for the months of April, May, June, and July 2018 and has not paid him since. The Claimant reported the matter to the Mombasa Labour Office, but the Respondent did not resolve the issue. The Claimant was arrested in July 2018 and charged with stealing by servant, but the charge was withdrawn without a witness. The Respondent did not allow the Claimant to report to work or pay him during the time it took for the Claimant to be discharged.

Issues

1. Unfair and unlawful termination of employment
2. Constructive dismissal
3. Non-payment of salary

Reasoning

The Court will consider the pre-trial directions to determine the appropriate course of action.

Outcome

The suit will be mentioned in Court for pre-trial directions on June 20, 2022.