AGNES YAHUMA DIGO V PJ PETROLEUM EQUIPMENT LIMITED [2013] KEELRC 503 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 503
- Citation
- [2013] KEELRC 503 (KLR)
- Decided
- 21 February 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair and Unlawful Termination of EmploymentPostureClaimant vs RespondentCoramRika
Holding
The Claimant was confirmed in employment on 12th August 2011. The absence from work was unauthorised and was an act of misconduct.
Facts
Claimant was employed as Supply and Trading Manager, Petroleum Division by Respondent. She was on maternity leave and was granted flexible working hours. Her employment was terminated on 1st September 2011.
Issues
- Whether the Claimant was on probation when her employment was terminated.
- Whether the termination was within the law.
- Whether the Claimant's absence from work was authorised.
Reasoning
The Respondent failed to adhere to the terms of the letter of appointment, which stated that the decision on confirmation would be communicated not later than seven days before the end of the probation period. The absence from work was unauthorised as there was no agreement for flexible working hours.
Outcome
Claimant's employment was terminated without just cause.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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