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Ben Kiplagat Tunduny v. Standard Chartered Bank Limited

(2019) JELR 105775 (CA)

Court of Appeal  •  Civil Appeal 41 of 2015  •  24 Jan 2019  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] On 27th February, 2015, the Industrial Court (now Employment and Labour Relations Court) struck out a claim that had been lodged by Ben Kiplagat Tunduny (hereinafter referred to as appellant). The appellant who is aggrieved by that ruling is now before us with a memorandum of appeal raising four (4) grounds in which the appellant challenges the ruling of the learned judge and prays for the same to be set aside.

[2] According to the appellant’s claim filed in the Industrial Court on 28th May, 2014, he was an employee of the respondent Standard Chartered Bank (K) Limited from 18th January, 1985 until 22nd December, 2008 when his services were unlawfully terminated. He sought reinstatement with all his accrued benefits.

[3] The respondent filed a defence on 16th July, 2014 in which it denied the appellant’s claim and maintained that the appellant resigned from his employment without any duress and was therefore not constructively dismissed. The respondent further r…

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