Livingstone Kingi Yaa v Unik Driving School [2019] KEELRC 1406 (KLR)
The bottom line
#A Kenyan court ruled a driving instructor who walked off the job resigned voluntarily, so his employer owed only unpaid annual leave pay, not termination compensation.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant was terminated or resigned voluntarily
The court held the Claimant left employment of his own volition after refusing to wear the uniform; his contract was not terminated by the Respondent.
The court found the Respondent's witnesses consistent and convincing: the Claimant was provided 2 shirts and 4 t-shirts, reported to work without uniform, and handed a paper bag with uniforms to the Director saying he did not wish to continue. The Claimant's narrative of victimisation over a new Management was held to be diversionary and unsupported by any evidence, including in cross-examination of the Respondent's witnesses.
Entitlement to notice pay and compensation for unfair termination
Both prayers declined because there was no termination by the Respondent to justify; even if the Respondent had been at fault, the offer to reinstate would have been sufficient remedy.
The court reasoned that the Respondent had consistently been willing to have the Claimant back from the inception of the dispute. The Claimant declined to return on the flimsy ground that the Respondent might find another ground to dismiss him. The court held the Respondent cannot be asked to justify termination where the employee walked out and refused reinstatement.
Annual leave pay
Allowed for 7 years at Kshs. 84,807 less Kshs. 8,400 already paid, i.e. Kshs. 76,407.
The Respondent paid Kshs. 8,400 but produced no evidence that the Claimant went on leave or was paid for the remainder of the period worked. The Respondent's witness could not clarify how long the Claimant worked for Rocky Driving School before returning. In the absence of contradicting documents, the court credited the Claimant's claim.
Legal principles established
#- An employee who abandons employment of his own volition cannot hold the employer to justify termination or be found liable for notice pay and compensation for unfair termination.
- In the absence of documents from the employer contradicting an employee's claim for annual leave, the employee's evidence on leave entitlement will be accepted.
Court orders
#- 1.The Respondent shall pay to the Claimant pay in lieu of annual leave at Kshs. 76,407
- 2.Certificate of Service to issue
- 3.No order on the costs
- 4.Interest allowed at 14% per annum from the date of Judgment till payment is made in full
- Jurisdiction invoked
- Employment and Labour Relations Court, Employment Act claims
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Livingstone Kingi Yaa v Unik Driving School [2019] KEELRC 1406 (KLR)", Case Analysis (2019). Cause No 963 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1406/eng@2019-06-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.