Mutiga v Proto Energy Limited (Cause E939 of 2023) [2025] KEELRC 1747 (KLR) (13 June 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1747
- Citation
- [2025] KEELRC 1747 (KLR)
- Decided
- 13 June 2025
The Court finds that the Claimant was constructively dismissed due to intolerable working conditions created by the Respondent.
Facts
The Claimant, Francisca Mutiga, was employed by the Respondent, Proto Energy Limited, as a Customer Care Coordinator. She was promoted to Administration Officer and later to Administration Officer/Executive Personal Assistant. She claimed she was constructively dismissed due to a hostile work environment and discrimination.
Issues
- Whether the Claimant was constructively dismissed from employment
- Whether there is a case of discrimination
- Whether the Claimant is entitled to the reliefs sought
- Whether the Respondent has proved its Counterclaim
Reasoning
The Court found that the Respondent's conduct, including the promotion of the Claimant's assistant and the handling of false theft allegations, created a hostile work environment. The Court held that the Claimant's resignation was due to these intolerable conditions and not her own free will.
Outcome
The Court declared that the Respondent's conduct amounted to unfair, unlawful and constructive dismissal.
Orders
- The Respondent shall issue the Claimant with a certificate of service within 7 days from the date of this judgment.
Remedies
- Declaration of constructive dismissal
- Damages for unfair and constructive dismissal
- Unpaid pending leave days
- General damages for discrimination
- Cost of the suit plus interest thereon
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)
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