Resigning because your employer made work unbearable (constructive dismissal)
Employment Act, 2007 and Court of Appeal case law · sources read 5 Oct 2026
Yes, Kenyan courts accept constructive dismissal: if your employer's conduct was a serious breach going to the root of your contract and you resigned because of it, your resignation is treated as a dismissal and you can claim compensation for unfair termination. You must prove the breach and leave within a reasonable time.
- Deadline
- 3 months from the date you left to complain to a labour officer.
- Deadline
- 3 years to file a court case under the Employment Act or your contract.
- Where
- The area labour officer or the Employment and Labour Relations Court
Steps
- Complain to a labour officer within 3 months of leaving. The officer hears both sides and recommends a settlement.
- Or file a claim at the Employment and Labour Relations Court. The court decides whether the resignation was in fact a dismissal.
- If the court finds unfair termination, compensation can be up to 12 months' gross pay, plus notice pay.
Watch out
- You carry the burden of proving the employer's serious breach. Courts use a strict contract test, not just whether the employer was unreasonable.
- If you stay on and accept the change, or wait too long before leaving, you may lose the claim.
- Giving notice when you resign does not by itself defeat the claim, as long as the employer's conduct was the real reason you left.
Who this covers
- Employees who resigned because of the employer's conduct, not for other reasons.
Official sources (3)
- Coca Cola East & Central Africa Limited v Maria Kagai Ligaga [2015] KECA 394 (KLR) new.kenyalaw.org · read 5 Oct 2026
- The Employment Act, 2007 (No. 11 of 2007) labour.go.ke · read 3 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026