Bhundia v Chandarana Supermarket Ltd & another (Cause E279 of 2021) [2023] KEELRC 726 (KLR) (21 March 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 726
- Citation
- [2023] KEELRC 726 (KLR)
- Decided
- 21 March 2023
Summary at a glance
TypeLabor DisputePostureAppeal from the original trialCoramJK GAKERI, Lenaola, Nderi, Ndolo, Radido
The court found that the Claimant had a cause of action and jurisdiction to hear the case. The court also found that the termination was not unfair and that the Claimant was not constructively dismissed.
Facts
The Claimant, Bhundia, was employed by Chandarana Supermarket Ltd and Chandarana Food Plus as a Manager. He claimed terminal dues due to constructive dismissal. He alleged that he was on duty on March 15, 2020, and found Kshs.295,595 missing from the safe. The CCTV footage was not available, and the Claimant was demoted.
Issues
- Whether the Claimant has a cause of action against the Respondent.
- Whether the Claimant was constructively dismissed by the Respondent.
- Whether termination of the Claimant’s employment was unfair.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The court declared Section 45(3) of the Employment Act, 2007 unconstitutional and inapplicable. The court held that the termination was not substantively unjustified and procedurally fair. The court also found that the Claimant did not provide evidence of a repudiatory breach by the Respondent.
Outcome
The court dismissed the claim.
Authorities cited
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