Ayonga v Falcon Signs Limited (Cause 878 of 2017) [2023] KEELRC 300 (KLR) (9 February 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 300
- Citation
- [2023] KEELRC 300 (KLR)
- Decided
- 9 February 2023
Summary at a glance
TypeEmployment DisputePostureAppeal from a lower court decisionCoramBOM MANANI
The claimant's resignation was voluntary, and he is not entitled to compensation for wrongful termination.
Facts
Claimant Josephat Otongo Ayonga was employed by respondent Falcon Signs Limited as a heavy commercial vehicle driver. In July 2015, he developed eye complications and sought permission to go for treatment, which was denied. He resigned on October 5, 2015, citing eye complications and a need for medical attention.
Issues
- Whether the claimant's resignation was voluntary or forced
- Whether the claimant is entitled to compensation for wrongful termination
Reasoning
The claimant's resignation was not forced, and he did not present evidence that his resignation was due to the employer's conduct forcing him to resign. The claimant's decision to resign was based on personal reasons and not due to the employer's actions.
Outcome
The claimant's suit is dismissed with costs to the respondent.
Orders
- Dismissal of the claimant's suit
Authorities cited
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