Makaka v Protective Custody Limited (Employment and Labour Relations Appeal E0303 of 2025) [2026] KEELRC 1087 (KLR) (23 April 2026) (Judgment)

Makaka v Protective Custody Limited (Employment and Labour Relations Appeal E0303 of 2025) [2026] KEELRC 1087 (KLR) (23 April 2026) (Judgment)

The appellant's resignation was not voluntary but induced by the respondent's conduct, including instructions to stay away from work without pay, delayed salary, and failure to recall, which cumulatively amounted to constructive dismissal. The trial court erred in its findings and in applying the incorrect wage...

Source-derived case information.

Citation
[2026] KEELRC 1087 (KLR)
Parties
Appellant: John Makaka; Respondent: Protective Custody Limited
Court
Employment and Labour Relations Court
Jurisdiction
Kenya
Judgment Date
23 April 2026
Case Number
Employment and Labour Relations Appeal E0303 of 2025
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed; trial court judgment set aside; judgment entered for appellant
Legal Topics
Constructive Dismissal, Unfair Termination, Statutory Minimum Wage, Notice Pay, Compensation, Leave Dues, Underpayment, House Allowance, Service Pay, Certificate of Service
Source Language
english
Employment Law Labour Law Constructive Dismissal Unfair Termination Statutory Minimum Wage Notice Pay Compensation Leave Dues +4 more

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Summary, issues, holding and outcome

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Parties

John Makaka

Appellant

Protective Custody Limited

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant's resignation amounted to constructive dismissal
  2. 2 Whether the appellant was entitled to the reliefs sought
  3. 3 Whether the trial court erred in its findings and application of wage regulations

Ratio Decidendi

The appellant's resignation was not voluntary but induced by the respondent's conduct, including instructions to stay away from work without pay, delayed salary, and failure to recall, which cumulatively amounted to constructive dismissal. The trial court erred in its findings and in applying the incorrect wage category, resulting in erroneous denial of reliefs.

Court Disposition

appeal allowed; trial court judgment set aside; judgment entered for appellant

Orders

  • Declaration that appellant was constructively dismissed
  • Respondent to pay appellant Kshs. 297,181.64 as itemized