Charo William & 15 others v Ready Consultancy Limited [2018] KEELRC 861 (KLR)
The bottom line
#Kenyan workers who refuse a lawful employer transfer and sign full settlement vouchers cannot later claim unfair termination or extra dues.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent terminated the Claimants' employment
The Respondent did not terminate the contracts; the Claimants chose not to relocate, took terminal benefits and left
The parties had a Memorandum of Agreement brokered by the Labour Office permitting transfer on at least one week's notice. Transfer letters gave 7 days, complying with the Agreement. Transport and subsistence were paid. The Claimants declined to move, accepted terminal dues and signed discharge vouchers, so separation was at their own instance.
Lawfulness of the transfer to Nairobi
The transfer was a legitimate managerial prerogative exercised under a negotiated Agreement with no ill motive
Transfer is an employer's managerial prerogative challengeable only on limited grounds such as ill motive. Here transfer followed a Labour Office-brokered Memorandum of Agreement, with notice and facilitation paid; colleagues who accepted the transfer remained in employment. The Claimants' remedy, if dissatisfied, was to renegotiate, not to abscond.
Effect of the discharge vouchers
The discharge vouchers constituted full and final settlement and bar the present claims
The Claimants signed discharge vouchers absolving the Respondent from present and future liability. They did not demand further dues at execution nor prove before the Court that any contractual or statutory dues were omitted from the settlement sums.
Legal principles established
#- Transfer of an employee is an employer's managerial prerogative, challengeable only on limited grounds such as ill motive
- An employee's refusal to move to a new station within the same enterprise amounts to insubordination
- Execution of a discharge voucher in full and final settlement bars subsequent claims unless omitted contractual or statutory dues are shown
Court orders
#- 1.The Claim is dismissed with no order on the costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment claims (statement of claim for terminal dues and unlawful termination)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Charo William & 15 others v Ready Consultancy Limited [2018] KEELRC 861 (KLR)", Case Analysis (2018). Cause No 568 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/861/eng@2018-10-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.