Kirui v Kanika International Limited (Cause E001 of 2023) [2024] KEELRC 478 (KLR) (6 March 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 478
- Citation
- [2024] KEELRC 478 (KLR)
- Decided
- 6 March 2024
Summary at a glance
TypeConstructive DismissalPostureAppeal from the original trialCoramCN BAARI, D.K.N Marete
The Court finds in favor of the Claimant and awards her salary in lieu of leave, unpaid salaries, compensation for constructive termination, general damages for sexual harassment, and costs of the suit.
Facts
The Claimant, Vivian Kirui, was employed as a Clinician by the Respondent, Kanika International Limited, on a two-year contract. She alleged that she was constructively dismissed due to non-payment of salary, piecemeal payments, and failure to be included in the payroll, which she claimed was discriminatory.
Issues
- Whether the Claimant was constructively dismissed.
- Whether the Claimant deserves the reliefs sought.
Reasoning
The Court found that the Respondent's non-payment of salary and failure to include the Claimant in the payroll constituted acts that substantially changed essential terms of the contract, leading to constructive dismissal.
Outcome
In favor of the Claimant
Orders
- Salary in lieu of leave at Kshs 125,000/=
- Unpaid salaries at Kshs. 264,000/=
- 5 months’ salary as compensation for constructive termination at Kshs 625,000/=
- General damages for sexual harassment Kshs. 500,000/=
- Costs of the suit and interest until payment in full.
Authorities cited
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