Singh v Aluken Trading Limited (Cause E863 of 2023) [2025] KEELRC 1602 (KLR) (30 May 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1602
- Citation
- [2025] KEELRC 1602 (KLR)
- Decided
- 30 May 2025
Summary at a glance
TypeConstructive DismissalPostureClaimant seeks declaration of unlawful non-payment, employment contract non-issue, and constructive dismissal; Respondent denies and seeks costs.CoramSTELLA RUTTO
The Claimant was constructively dismissed and entitled to a certificate of service.
Facts
Claimant was employed as a Manager from May 2014 to May 2023. He claims unpaid salary from October 2020 to May 2023 due to alleged non-payment by Respondent.
Issues
- Whether the Claimant was constructively dismissed from employment.
- Whether he is entitled to the reliefs sought.
Reasoning
The Respondent failed to pay the Claimant's salary as claimed, constituting a fundamental breach of the employment contract. The Claimant was thus entitled to treat himself as constructively dismissed.
Outcome
Claimant wins constructive dismissal and entitlement to certificate of service.
Orders
- Claimant to be issued with a certificate of service within 30 days from the date of this judgment.
- Respondent to bear the costs of the claim.
Remedies
- Certificate of Service
- Costs of the claim
Authorities cited
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