Ligaga v Cocacola East and Central Africa Limited (Cause 611 (N) of 2009) [2011] KEIC 36 (KLR) (Employment and Labour) (31 May 2011) (Award)
- Court
- Industrial Court
- Case number
- 36
- Citation
- [2011] KEIC 36 (KLR)
- Decided
- 31 May 2011
The Court found that the claimant was constructively dismissed from employment by the respondent and that the dismissal amounted to unfair termination of employment. The respondent was ordered to pay the claimant 9 months' gross salary in compensation.
Facts
Claimant Maria Ligaga was employed by Coca Cola East and Central Africa Limited as Human Resources Manager. She was promoted in 2007 and was offered a development assignment to Uganda in 2008. However, the assignment was cancelled due to lack of position. She was later offered a position in Mozambique but did not proceed. She was then offered a position at Mumias Sugar Company.
Issues
- unfair termination of contract of employment
- constructive dismissal
Reasoning
The Court considered the claimant's good work and promotion, the offer of a development assignment, and the subsequent cancellation. The Court found that the employer's actions violated domestic and international labour standards and caused disruption in the claimant's life.
Outcome
Awarded in favor of the claimant
Orders
- pay the claimant 9 months' gross salary in compensation
Remedies
- reinstatement
- re-engagement
- payment of maximum 12 months' salary
Authorities cited
Legislation (2)
- Employment Act 2007
- Labour Institutions Act Number 12 of 2007
Loading judgment…