Trustees of Archdiocese of Nyeri John Pope Paul II Huruma Health Centre v Wandeto (Employment and Labour Relations Appeal E006 of 2023) [2024] KEELRC 1250 (KLR)
The bottom line
#A Kenyan court ruled that forcing an employee onto indefinite unpaid leave amounts to constructive dismissal, even if the employee signs a resignation letter.
What this practically means
#Executive summary
#Key legal issues
#Whether the respondent voluntarily resigned or was constructively dismissed
The resignation was not voluntary but forced by the employer's conduct of sending the employee on indefinite unpaid leave, amounting to constructive dismissal and unfair, unlawful termination
The employer placed the respondent on indefinite unpaid leave citing Covid-19 cash-flow problems. The court found the employer should have negotiated, declared redundancy or lawfully terminated. Instead it withheld pay and denied her freedom to seek alternative work, leaving her no option but to quit. Withholding pay was a repudiatory breach, satisfying both the unreasonable-conduct and contractual tests from the Coca Cola case.
Whether the impugned award of damages should stand
The global award of Kes 457,216 was set aside and substituted with a broken-down award of Kes 262,809 covering notice, six months' compensation, and May and June 2020 salary
The trial court lifted the figure from the memorandum of claim without particularising or justifying it, which was an abdication of duty. On the evidence, the court awarded one month's salary in lieu of notice as pleaded (Kes 29,201), six months' compensation under section 49 considering five years of service, clean record and legitimate expectation (Kes 175,206), and unpaid salary for May and June 2020 (Kes 58,402), since no proof of receipt of the payslip and cheque was shown.
Whether the employer proved payment of the May and June salary via payslip and cheque
The claim was not rebutted because the payslip was unsigned by the respondent and there was no evidence she acknowledged receipt of the cheque
The appellant produced a payslip and cheque for Kes 36,201 less statutory deductions, but there was no evidence the payment was given to the respondent. Since she denied receipt and the appellant failed to prove delivery, the claim for May and June salary was awarded in full.
Legal principles established
#- An employer who cannot pay must negotiate with the employee, declare redundancy or lawfully terminate the contract; instead withholding pay indefinitely amounts to repudiatory breach and constructive dismissal
- A court has a duty to break down and justify any award of damages rather than adopt a global figure from the pleadings
Court orders
#- 1.Declaration that the respondent's resignation was not voluntary and amounted to constructive dismissal by the appellant
- 2.Appellant to pay the respondent notice pay of Kes 29,201.00
- 3.Appellant to pay the respondent compensation of Kes 175,206.00 (six months' salary)
- 4.Appellant to pay the respondent May and June 2020 salary of Kes 58,402.00, totaling Kes 262,809.00
- 5.The award is subject to statutory deductions
- 6.Each party to bear its own costs of the appeal
- 7.The award of certificate of service, costs and interest by the trial court are not disturbed
- On appeal from
- Chief Magistrate's Court (ELRC at Nyeri)
- null
- Jurisdiction invoked
- First appeal from the trial magistrate's court in an employment claim, heard under the court's appellate mandate; delivered in accordance with Rule 28(3) of the ELRC Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Oyombe v Economic & Social Rights Centre (Haki Jamii) (Employment and Labour Relations Cause E553 of 2023) [2025] KEELRC 2303 (KLR)[2025] KEELRC 2303 (KLR)31 Jul 2025applied
Cite this brief
#Cite this brief
Caselaw, "Trustees of Archdiocese of Nyeri John Pope Paul II Huruma Health Centre v Wandeto (Employment and Labour Relations Appeal E006 of 2023) [2024] KEELRC 1250 (KLR)", Case Analysis (2024). Nyeri ELRC Appeal No. E006 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1250/eng@2024-05-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.