Mogaka v Urban Art Household and Antiques Ltd & another (Cause E338 of 2025) [2026] KEELRC 588 (KLR) (27 February 2026) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 588
- Citation
- [2026] KEELRC 588 (KLR)
- Decided
- 27 February 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstructive DismissalPostureClaimant's Statement of Claim vs. Respondents' Non-ParticipationCoramSC RUTTO
Holding
The Court finds that the Respondents' actions amounted to constructive termination, and the Claimant is entitled to compensatory damages and one month's salary in lieu of notice.
Facts
Claimant was employed as a General Manager by Respondents from November 2024 until January 2025. She resigned due to unpaid November 2024 salary and non-payment of company property.
Issues
- Whether the Claimant was constructively terminated.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The Respondents' failure to pay the Claimant's November 2024 salary constituted a fundamental breach of the employment contract, leading to constructive dismissal.
Outcome
The Claimant is awarded Kshs 600,000 in total, including compensatory damages and one month's salary in lieu of notice.
Orders
- The total award is Kshs 600,000.00.
- The Respondents shall bear the costs of the suit.
- The Respondents shall issue the Claimant with a certificate of service within 14 days from the date of this judgment.
Remedies
- Compensatory damages equivalent to two months' gross salary.
- One month's salary in lieu of notice.
Authorities cited
Legislation (2)
- Employment Act
- Constitution of Kenya
Cases cited (1)
- Coca-Cola East & Central Africa Limited v Maria Kagai Ligaga (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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