Douglas Omunyin Otungu v Board of Trustees, Redeemed Christian Church of God [2022] KEELRC 820 (KLR)

The court applied the contractual test from Coca Cola v Ligaga and Western Excavating v Sharp, requiring a repudiatory breach going to the root of the contract and a causal link. The Claimant's resignation letter gave no reasons; he admitted writing it; he never protested the additional guard duties for over one and a half years, amounting to acquiescence and estoppel; and the encounter with the Pastor's wife was an isolated incident insufficient to show inhumane treatment.

The memorandum of claim alleged summary dismissal at the end of October 2015 with coercion to write a resignation letter, but the Claimant led no evidence of coercion, made no reference to termination in his testimony, and his written statement omitted the resignation letter entirely. Both of the Respondent's witnesses testified they tried to dissuade him from resigning.

Having found voluntary resignation rather than constructive dismissal, reliefs premised on termination were unsustainable. However, the Respondent admitted it never deducted or remitted NSSF, entitling the Claimant to service pay for the years worked, and the Respondent was ordered to issue a certificate of service within 30 days.

Although the contract required one month's notice and only 11 days was given, the Claimant stayed on for over a week to allow the Respondent to secure a replacement, introduced the new employee to the tasks, and handed over. The Respondent never indicated the notice was insufficient. The court found it inequitable to award notice pay and dismissed the counter claim.