The law firm of Siaya Governor James Orengo has been ordered to pay a former employee Ksh560,000 in compensation for wrongful dismissal.
The court heard that the advocate had worked at J.A.B. Orengo Advocates for three months without pay before opting to resign.
The Employment and Labour Relations Court in Nairobi ruled that the advocate had been constructively dismissed after the firm failed to pay him despite his showing up for work.
In her ruling, Justice Linnet Ndolo said that the firm had committed a fundamental breach of contract by failing to pay the salary, leaving the advocate with no option but to quit.
“By failing to pay the claimant’s salary as it fell due, the respondent breached a fundamental term of the employment contract and the claimant was entitled to deem himself as constructively discharged,” Justice Ndolo ruled.
Constructive dismissal is when an employee is forced to resign because their employer's actions have made their working conditions intolerable leaving them with no option but to to leave.
According to court documents, the former employee joined the law firm in January 2023 as an Associate-Advocate, earning Ksh80,000 per month.
However, he claimed that he did not receive his salary for the months of February and March 2023, despite his colleagues being paid on time.
After failing to claim his salary, he resigned on April 20, 2023.
“I have been discharging my professional duties faithfully yet no explanation has been given regarding the persistent failure to pay my salary. I am unable to continue offering my services,” his resignation letter read in part.
He sued the firm for constructive dismissal, seeking Ksh1.3 million in compensation for unpaid salary, unlawful termination, and payment in lieu of notice and housing allowance.
While the law firm admitted that they had employed the advocate, they claimed that he had never reported for duty. However, the court dismissed this claim as it was not supported by evidence, as the firm failed to provide proof that the lawyer had skipped work.
The court found that by withholding the claimant's salary, the firm had violated his contract, which justified his resignation.
The court thus awarded the lawyer Ksh560,000, comprising three months' salary - Ksh240,000 for February, March and April 2023. They also awarded him Ksh240,000 in salary arrears for three months and Ksh80,000 representing one month's salary in lieu of notice.
However, the court dismissed the lawyer's claim for housing allowance due to a lack of proof.
