Wachira v Vibe Lounge Limited (Cause E956 of 2022) [2024] KEELRC 1646 (KLR)
The bottom line
#Kenya's Employment Court ruled that sidelining a manager on indefinite leave without explanation was constructive dismissal, awarding him salary, notice pay, compensation and costs.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Respondent's conduct in sending the Claimant on an indefinite one-week leave, replacing him and refusing to communicate amounted to constructive dismissal
- 2.What remedies, if any, the Claimant is entitled to
Key legal issues
#Whether the Claimant's treatment amounted to constructive dismissal
Yes - the employer's conduct constituted a repudiatory breach going to the root of the contract
The court applied the Coca Cola v Ligaga principles on constructive dismissal. The Claimant was sent on a one-week leave at the employer's behest, was replaced in his position, and the Respondent refused to engage in any communication despite the Claimant's efforts. No valid cause for separation was availed. This amounted to a repudiatory breach, and an employer could have properly separated with the employee if cause existed; none was shown.
What remedies flow from the constructive dismissal
Salary arrears for August–November 2022, one month's salary in lieu of notice, two months' salary as compensation, certificate of service, interest and costs
Having found constructive dismissal, the court awarded unpaid salary for the period worked without pay, notice pay equivalent to one month's salary, compensation of two months' salary, a certificate of service, interest on the monetary awards from the date of judgment, and costs of the suit.
Legal principles established
#- The refusal to recall an employee after a leave of absence at the employer's behest, coupled with refusal to engage the employee in communication despite his efforts, amounts to a repudiatory breach of the employment contract constituting constructive dismissal.
Court orders
#- 1.Salary for August – November 2022 – Kshs. 440,000/-
- 2.One month's salary as notice – Kshs. 110,000/-
- 3.2 months salary as compensation – Kshs. 220,000/-
- 4.Certificate of service
- 5.Interest at court rates on the sums in (a), (b) and (c) above from date of judgment till payment in full
- 6.Costs of the suit
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the Employment and Labour Relations Court
Relief refused
#Salary and allowances beyond November 2022 (as pleaded, from August 2022 to date of filing suit) appears capped at November 2022 in the award
The court awarded salary only for August–November 2022; compensation limited to two months' salary rather than the twelve months maximum sought
Costs
Costs of the suit awarded to the Claimant
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
From all accounts, the matters leading to the filing of the suit amounts to constructive dismissal.
In my considered view, the refusal to recall the Claimant after his one week leave of absence at the behest of the employer as well as refusal to engage the Claimant in communication despite his efiorts to get a word from the Respondent amounts to a repudiatory breach of the employment contract and therefore, constructive dismissal.
The employer could have properly separated with the employee if there was cause to do so. None has been availed and the inescapable conclusion is that there is none.
Interest at court rates on the sums in (a), (b) and (c) above from date of judgment till payment in full.
It is so ordered.
Issues in the judgment
#The name of the Claimant does not appear in the judgment text provided; the suit is described only by the role 'Claimant'.
The arithmetic of the awards is internally inconsistent with the pleaded salary: salary for August–November 2022 (four months at Kshs. 100,000/-) is awarded as Kshs. 440,000/- while notice pay of one month is Kshs. 110,000/-, implying a higher monthly figure than pleaded.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wachira v Vibe Lounge Limited (Cause E956 of 2022) [2024] KEELRC 1646 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1646/eng@2024-06-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.