adminMatthew Manga had appealed to the Labour Court against an arbitration ruling in favour of Nat Foods.
The award dismissed Manga’s claim that he was constructively dismissed from employment.
As part of Manga’s duties, he handled a quotation by a customer, which he then altered.
Nat Foods quizzed Manga about the alteration and he claimed that the customer had made it.
The employer was not satisfied with his explanation. It was suspected that Manga in connivance with the customer, altered the quotation.
During the inquiry, Manga was given the option to resign, which he did and was accepted.
He later wrote to Nat Foods purporting to “retrieve” his resignation, alleging that it was made under duress.
Nat Foods refused to accept the “retrieval” as a result of which the matter was taken to arbitration, which ruled in favour of the employer.
Labour Court president, Mr Godfrey Musariri, said that the concept of “constructive dismissal” was introduced into our labour laws via Section 12B (3) of the Labour Act.
It provides: “An employee is deemed to have been unfairly dismissed if he terminated the contract of employment because the employer deliberately made continued employment intolerable.”
Said Mr Musariri: “Going by Manga’s own account, it is clear that he was given the option to resign. An option by definition is a choice. He could either resign or refuse, but he chose to.”
By giving this option, Mr Musariri said the employer did nothing wrong. He said it was open to an employee to resign his employment at any time.
“Nat Foods was simply advising Manga of his rights. That the employee had been threatened with torture or denial of benefits is disputed,” said Mr Musariri.
“In any event, it is difficult to see how Manga could credit such threats, which were wrongful and unlawful.”
He said that Manga, having worked for Nat Foods for years in responsible positions ought to have known his rights.
Mr Musariri said if Manga wished to vindicate himself, he would not resign but face disciplinary action or even police investigations.
“Those would clear him if he were innocent. There was no good reason to resign to avoid scrutiny,” he said.
In the circumstances, Mr Musariri considered that the Arbitrator was right to dismiss Manga’s claim.
Online Reporter