Mcrege v Riley Falcon Security Services Ltd (Cause E005 of 2022) [2023] KEELRC 1732 (KLR) (13 July 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1732
- Citation
- [2023] KEELRC 1732 (KLR)
- Decided
- 13 July 2023
Summary at a glance
Facts
The Claimant, Charles G Amolo Mcrege, was employed by Riley Falcon Security Services Ltd as a Staging Officer in 2010. He was suspended on 5th October, 2020, for parking vehicles at the Respondent's premises without authority. He resigned on 13th October, 2020, alleging frustration from the Respondent's actions. The Respondent claimed the resignation was due to imminent disciplinary action.
Issues
- Whether the Claimant was constructively terminated.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The Court defined constructive termination as an employer's creation of working conditions that leave an employee with no choice but to resign. The Court found that the Claimant's resignation was not due to the Respondent's actions but rather his own frustration with the Respondent's actions.
Outcome
The Court dismissed the claim of constructive dismissal.
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