By Legal Digest Team
Ever been so insulted at work that quitting felt like your only option? An American builder recently found himself on the wrong side of employment law when he repeatedly swore at an employee, creating a toxic workplace. The court ruled that the worker’s resignation wasn’t really voluntary it was constructive dismissal. In other words,
the workplace became so hostile that leaving was the only sane choice. Legal expert Julie Garland McLellan called it out: if you’re a leader, it’s not enough to simply know the rules, you have to uphold a workplace culture that prevents harm. Harassment, bullying, or just persistently toxic behavior could turn your management style into a legal liability.
The Kenyan View:
The concept of constructive dismissal has been established in Kenyan law since a landmark Court of Appeal decision nearly a decade ago. It’s defined as a situation where an employee resigns involuntarily because of unbearable working conditions created by the employer. But the conversation is evolving. In Abdulah Firimbi t/a Sinai Hotel v Imungu [2025] KEEALRC 1283, the Employment and Labour Relations Court flipped the script: this time, it was the employee’s actions under scrutiny.
When a shift system was introduced during the pandemic, the employee refused to report to work despite repeated follow-ups. Eventually, the employer told her (informally) that her job was terminated. But the court found that this wasn’t unfair dismissal. Instead, the employee’s refusal to return amounted to constructive resignation.
This case introduces a fascinating twist: constructive termination can now go both ways.
While traditionally the employer bore the blame, Kenyan courts are starting to recognize that employees, too, can constructively exit a contract through their own actions. Takeaway: Constructive dismissal isn’t always about shouting or harassment. It can also be about systemic changes, breakdowns in communication, or simply failing to engage. Whether you’re an intern, a line manager, or a department head, culture still matters and so does the law.
