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Sobayeni & another v Consultants Limited & another (Cause E506 of 2020) [2024] KEELRC 1167 (KLR) (3 May 2024) (Judgment)

[2024] KEELRC 1167 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1167
Citation
[2024] KEELRC 1167 (KLR)
Decided
3 May 2024
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

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

Legislation (2)
  • Employment Act 2007
  • Civil Procedure Act (Chapter 21 of the Laws of Kenya)
Cases cited (2)
  • Coca-Cola East & Central Africa Limited v Maria Kagai Ligaga (2015) eKLR
  • Black's Law Dictionary (10th Edition)
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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