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…A disciplinary hearing was held and the appellant had his representative and though notice dated 9 March 2021 there was summary dismissal.…

…The employer is allowed to terminate employment through summary dismissal for gross misconduct.…

…The charges were made with a predetermined outcome of summary dismissal. The respondent relied on hearsay and illegally obtained Mpesa statements to justify the summary dismissal.…

…Kweyu testified that all the appeals following the summary dismissals were upheld.…

…It is his case that at the time of dismissal, he was the Nucleus Estate Manager earning Kshs 108,586.10/= per month. 6.…

…In respect of constructive dismissal, the Claimant submits that the Respondent’s conduct is instructive.…

…; Leave pay for 2018; Gratuity Ksh 83,077; Damages for constructive dismissal; Costs of the suit.…

…The concept of constructive dismissal only arises where the employer's conduct is such that it constitutes a repudiatory breach of the employment contract.…

…It was the Respondent’s contention that the termination of the Claimant’s employment was by summary dismissal. That he was summoned by the Respondent and the reasons for his dismissal were explained to him. 10.…

…in the Statement of Claim Whether the summary dismissal of the Appellant was without valid reason 23.…

…For determination is a Motion dated 29 January 2024 and filed in Court on 14 March 2024, seeking orders: (i) The dismissal of the application dated 08.02.2023 on 26.09.2023 be reviewed and set aside.…

…Two, the Cause was dismissed on 8 February 2018, and the Claimant filed an application dated 26 February 2018, to set aside the order of dismissal. 10.…

…The Respondent on its part submits that the Appellant’s dismissal was fair as per section 43(2) of the Employment Act, the reasons for the Appellant’s dismissal were what the Respondent reasonably believed to exist at the…

…Such misconduct amounted to valid reason that justified summary dismissal.…

…It is the claimant’s case that as at the date of dismissal his gross salary was Kshs.105,131.00 and had served the respondent for 37 years without any blemish.…

…The affiant prayed for dismissal of the Petition.…

…By Memorandum of Claim dated 31st May 2018, the Claimant sued the Respondent seeking the following reliefs; a) A declaration that the Claimant’s dismissal by the Respondent was wrongful, unfair, and in breach of the rules…

…If the Claimant intended to assert constructive dismissal, she was let down. Let down by pleadings, and evidence that totally did not bring out her case as one based on the doctrine of constructive dismissal. 44.…

…dismissal. 49.…

…I in the end conclude that the Claimant’s dismissal was procedurally fair. 56.…

…In the suit he alleged that the dismissal was not justified by a valid reason and it was not done in accordance with a fair procedure.…

…Finally, it was submitted that the respondent was not entitled to the reliefs granted by the trial court since the dismissal was justified and fair.…

…It is her case that upon inquiry on her dismissal, she was informed orally by the Respondent’s Directors named Meehir and Rajan that her reason for dismissal was witchcraft and practice of sorcery. 10.…

…Whether the Claimant’s dismissal was unfair; and ii. Whether the Claimant is entitled to the remedies sought. Whether the Claimant’s dismissal was unfair 34.…

…In brief the appellant’s case was that the reason for the dismissal was not valid.…

…As such the respondents maintained that the dismissal was justified and fair procedure was followed.…

…These allegations were premeditated and tainted with malice, resulting in a summary dismissal on 4 February 2020.…

…Through a notice dated 4 February 2020, the respondent terminated the claimant’s employment through summary dismissal.…

…Counsel submitted that dismissal of a suit was draconian as it drove the litigant away from the seat of justice. In that regard counsel relied on the case of John Nahashon Mwangi v. KFB Ltd and Mandeep Chauhan v.…

…or appeal the order of dismissal.…

…In brief, the claimant submitted that he has proved a case of constructive dismissal and cited the legal principles of constructive dismissal as per the Court of Appeal in Coca Cola East & Central Limited v Maria Kagai Ligaga…

…The issues for determination are: (a) Whether the resignation amounted to constructive dismissal. (b) Whether the claimant is entitled to the reliefs sought. Constructive dismissal 14.…

…The appellant submitted that he did not abscond from duty as alleged by the respondent, but there was constructive dismissal.…

…The appellant has submitted that there was constructive dismissal. On 21 July 2022, he found a notice pinned at the gate stating that he should not be allowed in the workplace.…

…He asked that this be confirmed by his lawyers but was handed a letter of summary dismissal and directed to leave the premises.…

…On the substantive issue, both parties agreed that on 9 November 2019, the respondent terminated the claimant's employment by summary dismissal.…

…The Rift Valley Railways Workers Union (the Union) sued Kenya Railways Corporation (the Respondent) on 8 February 2024, and it set out the Issue in Dispute as: The unlawful and unjustifiable dismissal of Mr Francis Oduor…

…The Grievant appealed, and he was notified of the dismissal of the appeal through a letter dated 10 February 2015. 7.…