Francis Aseyo Buluku v Manjit Sinch Dhadialla [2019] KEELRC 1205 (KLR)
The bottom line
#An employee who resigns voluntarily cannot later claim unfair termination in Kenya, and salary-related claims must be filed within 12 months of leaving the job.
What this practically means
#Executive summary
#Key legal issues
#Whether the separation was an unfair termination
It was not; the claimant resigned voluntarily
The claimant testified he addressed a resignation letter dated 01.08.2014 on account of a domestic problem, acknowledged payment up to his last working day, and hoped the respondent would accept the resignation and pay terminal dues. The Court held the allegations of unfair termination unfounded because the separation arose from the claimant's own resignation, making the separation one by agreement rather than a termination by the employer.
Whether the monetary claims were time barred
Yes, the suit was filed beyond the 12-month limitation period under section 90 of the Employment Act
The claims for underpayment, house allowance, NSSF dues, holiday pay, untaken and unpaid leave and leave travelling allowances were continuing injuries that ceased when employment ended on 01.08.2014 upon resignation. The cause of action therefore accrued on that date, and the memorandum of claim filed on 14.07.2016 fell outside the 12-month limitation period prescribed by section 90 of the Employment Act, 2007.
Legal principles established
#- A voluntary resignation by an employee cannot amount to unfair termination; the separation is by agreement
- Claims for continuing injuries such as underpayment and unpaid allowances accrue when the employment ends, and must be filed within 12 months under section 90 of the Employment Act
Court orders
#- 1.The claimant's suit is dismissed
- 2.No orders on costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (memorandum of claim for unfair termination and terminal dues)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Francis Aseyo Buluku v Manjit Sinch Dhadialla [2019] KEELRC 1205 (KLR)", Case Analysis (2019). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1205/eng@2019-07-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.