Levati v Dodla Dairy Kenya Limited & another (Cause E021 of 2024) [2025] KEELRC 2127 (KLR)

The court applied the principles in Coca-Cola East & Central Africa Ltd v Maria Kagai Ligaga, that constructive dismissal requires a fundamental breach by the employer creating a hostile environment. The Claimant gave no proof of grievance during his one year at Nyahururu, no proof of reduced allowances or demotion, salary remained unchanged, and his resignation email of 16th February 2024 raised no complaint against the Respondents. His work permit was cancelled only after resignation, showing he still had a permit when he resigned.

Relying on Rogoli Ole Manadieigi v General Cargo Services Ltd, the court held that an employee must specifically demonstrate the excess hours worked rather than rely on the employer's absence of records. The security register only recorded entry and exit, no documentation of overtime existed, and the claims over six years of employment were locked out by the limitation provision in section 89 of the Employment Act.

The Respondents invoked sections 107(1), 109 and 112 of the Evidence Act, placing the burden of proving fraud on the Claimant. In cross-examination the Claimant admitted he had no expert report supporting his claim that the signature was not his. The court also found it doubtful that an expatriate would have obtained a work permit without an executed contract.

The Respondents agreed to settle these dues in their amended reply. The court adopted the admissions and ordered payment of the leave amount, the March 2024 salary as worked out by the Respondent, the return ticket or cash in lieu, and issuance of the certificate of service under section 51 of the Employment Act within 30 days.