Kenya Farmers Association offices, Nakuru. [Harun Wathari, Standard]

The Employment and Labour Relations Court in Nakuru has ordered Kenya Farmers Association (KFA) to pay a former employee over Sh255,000 for unfair dismissal.

Justice Hellen Wasilwa in a judgment delivered on March 8 ordered the company to pay Micah Kangogo a sum of Sh255, 749 less statutory deductions.

In a suit filed on March 2, 2016,  Kangogo claimed he was constructively and unfairly dismissed. He was employed by the company in November 1989 in the position of a clerk position he held until August 30, 2014, when he tendered his resignation.

He said he resigned since his salary had been withheld for about two years from July 2012 making it impossible for him to commute from his residence to work.  He said the withholding of his salary forced him to resign.

The company he said accepted his resignation on September 2, 2014, promising to pay his salary from July 2012. The company in May 2016 admitted owing Kangogo salary areas, unremitted provident fund and CBA arrears.

While Kangogo claimed Sh740, 684 the company said it owed him Sh410,009 less deductions. The company said it was willing to pay Kangogo in instalments but he refused to accept payments.

The judge said the non-payment of salary constituted constructive dismissal. [File, Standard]

The company maintained that Kangogo chose to resign and was not terminated at all.

On March 22, 2017, Kangogo and the company recorded consent with regard to the admitted sum of Sh410,009 where he was paid Sh200,000 and the balance was to be paid.

“The Respondent and Claimant (Company and Kangogo respectively) had an employment relationship.  The terms of the contract was that respondent was obligated to pay the claimant his salary which they failed to pay leading to the resignation of the claimant,” read the judgment in part.

The judge said the non-payment of Kangogo’s salary was an act by the company which derogated from the term of the contract and was definitely a constructive dismissal.

“I, therefore, agree with the claimant that he was constructively dismissed by the Respondent,” ruled the judge.

The court said Kangogo was entitled to payment of compensation for the unlawful and unfair termination and awarded him a 10-month salary amounting to Sh196, 730.

The court also said Kangogo was entitled to notice pay which as per CBA was 3 months' pay.