Ansari v Capcom Limited & another (Cause E134 of 2023) [2024] KEELRC 2319 (KLR) (26 September 2024) (Judgment)

Facts

Mohamed Arshad Ansari was employed by Capcom Limited as a technical manager and later as a general manager. He worked with the company from March 2011 until January 2022. The claimant alleged that he was not provided with a house allowance or housing, did not take his annual leave, and was subjected to intolerable working conditions.

Issues

1. Whether the claimant met the threshold for a claim of constructive dismissal.
2. Whether the claimant's vehicle was taken from him by the respondents at the instigation of the 2nd respondent who took over the running of the company in May 2022 upon the demise of the founding director.

Reasoning

The court found that the claimant did not demonstrate intolerable working conditions leading to termination of employment through a resignation. The claimant's vehicle was not taken from him by the respondents, and the salary reduction was not significant enough to constitute a repudiatory breach.

Outcome

The claimant's case for constructive dismissal was dismissed.

Authorities cited