Mutuku v Jocham Hospital (Cause E010 of 2022) [2023] KEELRC 2304 (KLR) (28 September 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2304
- Citation
- [2023] KEELRC 2304 (KLR)
- Decided
- 28 September 2023
The claimant lawfully resigned from his employment and cannot justify a claim of constructive dismissal. The claims for leave pay, notice pay, and compensation for constructive dismissal are dismissed. The claimant is entitled to gratuity pay for 7 years and a balance of 5 days remaining for 4 years.
Facts
Claimant was employed as an accounts clerk and later promoted to deputy chief accountant and chief accountant. He resigned in April 2019 due to a hostile work environment and allegations of theft. The respondent suspended him and later demoted him to a subordinate position.
Issues
- Constructive dismissal
- Unfair termination
- Leave pay
- Notice pay
- Compensation for constructive dismissal
- Gratuity pay
Reasoning
The court found that the claimant resigned voluntarily and lawfully, and the facts of his case do not support a claim of constructive dismissal. The leave pay and compensation claims are dismissed.
Outcome
The claims are dismissed with costs to the respondent.
Authorities cited
Cases cited (2)
- Kennedy Obala Oaga v Kenya Ports Authority [2018] eKLR
- Stephen Michuki v East African Safari Air Express Limited & another [2022] eKLR
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