Mwinamo v Shoppers Sacco Society Ltd (Cause 727 of 2018) [2025] KEELRC 2962 (KLR) (30 October 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2962
- Citation
- [2025] KEELRC 2962 (KLR)
- Decided
- 30 October 2025
Summary at a glance
TypeUnfair Termination of EmploymentPostureAppeal from an original trialCoramRADIDO
The Court finds and declares that the Respondent constructively dismissed the Claimant and breached the contract. The Claimant is awarded compensation, pay in lieu of notice, withheld salary, and a Certificate of Service.
Facts
The Claimant, Sharon Mwinamo, was a Human Resource and Development Manager at Shoppers Sacco Society Ltd. She was suspended for 14 days on half-pay and later resigned, citing a hostile work environment. The Respondent, Shoppers Sacco Society Ltd, offered terminal dues but withheld 1 month's salary and claimed over-recovery of loans.
Issues
- Constructive dismissal
- Compensation
- Pay in lieu of notice
- Withheld salary
- Breach of contract
- Loan recovery
- Violation of rights to dignity and privacy
Reasoning
The Court found that the Respondent created a hostile work environment, warranting the Claimant to resign and assert constructive dismissal. The withheld salary and loan recovery claims were also addressed.
Outcome
The Claimant is awarded Kshs 577,500 in total.
Orders
- Award of compensation
- Award of pay in lieu of notice
- Award of withheld salary
- Order for a Certificate of Service
Remedies
- Compensation
- Pay in lieu of notice
- Withheld salary
- Certificate of Service
Authorities cited
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