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JUDGMENT OF THE COURT
[1] What is constructive dismissal from employment and when does it occur? That is the sole issue for determination in this appeal. Nyevu Juma Ndokolani (respondent) successfully sued Leena Apparels (EPZ) Ltd, (appellant) for constructive dismissal before the Employment and Labour Relations Court (ELRC) at Mombasa and was awarded Kshs.120,505/-; being damages for the unlawful dismissal.
[2] The background of the matter is that sometime in February 2015, the respondent was engaged in the appellant’s employ as a helper; earning a basic salary of Kshs.10,955/-. In the course of that employment, she is said to have been involved in an industrial accident and was out of work for a while. She however made partial recovery and resumed work. Nonetheless, she instructed her advocates to pursue compensation in respect of the injuries suffered. At the time of this claim, the proceedings in respect of that compensation were still ongoing.
[3] Meanwhile, the respondent continued…