Sobayeni & another v Consultants Limited & another (Cause E506 of 2020) [2024] KEELRC 1167 (KLR) (3 May 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1167
- Citation
- [2024] KEELRC 1167 (KLR)
- Decided
- 3 May 2024
Summary at a glance
TypeLabor DisputePostureAppeal from the original trialCoramSTELLA RUTTO
The Court finds that the Claimants were constructively dismissed and awarded compensatory damages in the sum of Kshs 560,000.00.
Facts
The Claimants were employees of the Respondent who were not paid their salaries for the months of May, July, August, and September 2020. The Respondent issued an internal memo altering the terms of employment, including a drastic pay cut for senior employees.
Issues
- Whether the Claimants were constructively dismissed by the Respondent.
- Whether the Claimants are entitled to the reliefs sought.
Reasoning
The Court found that the Respondent's conduct towards the Claimants was unreasonable and amounted to constructive dismissal due to the reduction in salaries and lack of consultation with the Claimants.
Outcome
The Claimants were awarded compensatory damages and interest on the total award.
Orders
- Compensatory damages of Kshs 560,000.00 awarded to the Claimants.
- Interest on the total award at court rates from the date of judgment until payment in full.
- The Respondents to bear the costs of the suit.
Authorities cited
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