Kinyanjui v Walokana Multi-purpose Co-operative Society Limited (Cause E441 of 2020) [2024] KEELRC 2396 (KLR) (30 September 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2396
- Citation
- [2024] KEELRC 2396 (KLR)
- Decided
- 30 September 2024
Summary at a glance
TypeConstructive DismissalPostureAppeal from an original trialCoramJK GAKERI
The Court found that the Respondent's conduct was not sufficiently serious to entitle the Claimant to treat herself as discharged from the contract of employment.
Facts
The Claimant was employed as a petrol station attendant and later promoted to a petrol supervisor. She was demoted to a pump attendant due to her pregnancy and alleged unfair treatment. She did not return to work after March 2020.
Issues
- Whether the Claimant was constructively dismissed.
- Whether the Claimant was discriminated on the grounds of pregnancy.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The Court applied the principle of constructive dismissal as articulated in Western Excavating (ECC) Ltd V Sharp (1978) QB 761 and Coca Cola East and Central Africa Ltd V Maria Kagai Ligaga (2015) eKLR. The court determined that the Respondent's actions did not constitute a repudiatory breach of the contract of employment.
Outcome
The Court dismissed the claim.
Authorities cited
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