Geofrey v Principal Bomet University College & another (Cause 100 of 2018) [2022] KEELRC 150 (KLR)
The bottom line
#The Employment Court dismissed the claims but awarded the employee costs because his employer forced him to litigate, while his unfiled amended claim sank key reliefs.
What this practically means
#Executive summary
#Key legal issues
#Validity of the amended statement of claim
No valid amended claim was on record; only the initial claim filed 27th September 2018 could be determined.
Rule 14(6) of the ELRC (Procedure) Rules, 2016 requires leave for amendments after defence is filed. Leave was granted by Wasilwa J on 28th October 2021, but the claimant never filed the amended pleading or paid the requisite fees. Documents filed by the claimant in person without leave were invalid and could not be considered.
Whether the resignation amounted to constructive dismissal
The claim was compromised by the negotiated reinstatement and was overtaken by events; the second resignation and related claims were unpleaded new causes of action.
The court applied the test in Coca Cola v Ligaga. The first resignation of 8th November 2019 was followed by an Ad-Hoc committee process, reinstatement and a new employment letter dated 20th February 2020, compromising the constructive dismissal claim. The second resignation of 6th February 2021 was never pleaded in the valid claim.
Entitlement to the reliefs sought
Declaratory orders and reinstatement were overtaken by the compromise; defamation and psychological trauma damages failed for want of proof.
The court assessed each head of relief against the pleadings and evidence. Since the constructive dismissal claim was compromised and the defamation tort was not proved on a balance of probability, the substantive reliefs could not issue, though costs were awarded to the claimant who was forced to litigate.
Legal principles established
#- After leave to amend a claim is granted under Rule 14(6) of the ELRC (Procedure) Rules, 2016, the party must actually file the amended pleading; without a valid amendment the court determines the claim on the initial pleading only.
- Constructive dismissal requires the employee to demonstrate repudiatory breach by the employer making continued employment intolerable.
Court orders
#- 1.Declined to grant the declaratory orders sought by the claimant as the constructive dismissal claim was compromised
- 2.Declined the prayer for reinstatement as overtaken by events
- 3.Declined the claim for general damages for defamation and psychological trauma for failure of proof
- 4.Awarded costs of the suit to the claimant
- 5.Granted parties liberty to resolve the question of salary for the period between redeployment to Moi University in March 2019 and February 2020
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment and labour relations claims; Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Geofrey v Principal Bomet University College & another (Cause 100 of 2018) [2022] KEELRC 150 (KLR)", Case Analysis (2022). Cause No 100 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/150/eng@2022-04-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.