James Orengo Law Firm Loses Wrongful Dismissal Case, Ordered to Pay Ksh560,000
A lawyer has won Ksh560,000 in compensation after suing the law firm of Siaya Governor James Orengo for wrongful dismissal.
The Employment and Labour Relations Court in Nairobi ruled that the former employee, who worked at J.A.B. The Orengo Advocates firm constructively dismissed him after it failed to pay his salary for three consecutive months.
Advocate Worked Without Pay for Three Months
Court documents showed that the lawyer joined the firm in January 2023 as an Associate Advocate, earning Ksh80,000 per month. However, the firm did not pay him for February and March 2023 despite him reporting to work.
In April 2023, after continued delays, he resigned through a letter expressing frustration over the non-payment of his salary. He later sued the firm, seeking Ksh1.3 million for unpaid dues, wrongful termination, and notice pay.
Court Finds Breach of Employment Contract
Justice Linnet Ndolo ruled that the firm’s failure to pay the lawyer constituted a fundamental breach of the employment contract. She noted that by withholding the salary, the law firm made the working environment intolerable, effectively forcing the advocate to resign.
“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,” ruled Justice Ndolo.
Firm’s Defence Rejected
The law firm admitted employing the lawyer but argued that he had not reported for work. The court dismissed this claim, stating there was no evidence to support the allegation.
Justice Ndolo found that the lawyer reported for duty and was entitled to payment. The court therefore awarded him Ksh560,000, covering three months’ salary arrears and one month’s pay in lieu of notice.
The judge, however, rejected his claim for housing allowance due to a lack of supporting evidence.
