Tonui v Tinderet Tea Estate (Cause 231 of 2018) [2022] KEELRC 1748 (KLR) (20 May 2022) (Judgment)

Facts

The claimant, Samson Tonui, was employed by the respondent, Tinderet Tea Estate, on a permanent basis in 1994. In 2014, he was involved in an industrial accident while operating a power saw, which resulted in severe burns. He was discharged on April 10, 2014, with a sick leave letter, but the general manager refused to honor it. The respondent stopped paying his salary and threatened to retain his benefits. The claimant later resigned without notice.

Issues

1. Whether the respondent terminated the claimant's employment without payment of dues
2. Whether the claimant was entitled to two months' salary as compensation

Reasoning

The court found that the respondent did not pay the claimant's dues and did not issue him with a certificate of service, leading to his resignation without notice.

Outcome

The claimant is awarded two months' salary