Kibiro v Ole-Sereni (Employment and Labour Relations Cause E741 of 2022) [2025] KEELRC 2076 (KLR) (15 July 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2076
- Citation
- [2025] KEELRC 2076 (KLR)
- Decided
- 15 July 2025
Summary at a glance
TypeEmployment and Labour RelationsPostureClaimant's appeal against Respondent's disciplinary processCoramHS WASILWA
The court found that the claimant was not constructively terminated and denied the claimant's entitlement to the remedies sought.
Facts
Claimant was employed as a Human Resource Manager and resigned on 18th October 2019 due to allegations of sexual harassment. He was initially suspended and served with a show cause letter, but did not receive the requested documents.
Issues
- Whether the claimant was constructively terminated
- Whether the claimant is entitled to the remedies sought
Reasoning
The court determined that the claimant was not constructively terminated as he resigned voluntarily and the disciplinary process was conducted in accordance with the Employment Act 2007.
Outcome
The claimant's appeal was dismissed.
Authorities cited
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