MM v Eurocity Hospital Kisumu & another (Cause E007 of 2024) [2025] KEELRC 81 (KLR) (21 January 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 81
- Citation
- [2025] KEELRC 81 (KLR)
- Decided
- 21 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureClaimant v RespondentsCoramNZIOKI WA MAKAU
Holding
Constructive dismissal found, Claimant awarded damages and compensation
Facts
Claimant MM alleged constructive dismissal due to sexual harassment and non-payment of salary. Respondents denied constructive dismissal and claimed voluntary resignation.
Issues
- Constructive dismissal
- Sexual harassment
- Payment of salary arrears
Reasoning
Sexual harassment was deeply disturbing and the Claimant had no choice but to resign. The Respondents were found jointly and severally liable for damages.
Outcome
Claimant awarded Kshs. 2,000,000/- in damages and compensation
Orders
- Kshs. 200,000/- unpaid wages
- Kshs. 100,000/- notice pay
- Kshs. 1,500,000/- damages for sexual harassment
- 6 month’s compensation for wrongful termination
- Costs of the suit
- Interest on sums awarded
Remedies
- Award of damages and compensation
Authorities cited
Legislation (1)
- Employment Act
Cases cited (2)
- SWM v Hardware Trading Store Ltd & another [2021] eKLR
- Kenya Union of Commercial Food & Allied Workers v Meru Central Dairy Co-operative Union Limited [2015] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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