Denis Okora Magio v Greenwood Groove Academy [2015] KEELRC 241 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 241
- Citation
- [2015] KEELRC 241 (KLR)
- Decided
- 13 November 2015
The Court finds on a balance of probability that the claimant was never dismissed by the employer. Instead, the court finds that the claimant is the one who voluntarily deserted work.
Facts
The Claimant, Denis Okora Magio, was a teacher employed by Greenwood Groove Academy from September 2014. He was paid his salary until November 2014, when he absented himself from work. The Respondent, Greenwood Groove Academy, denied liability for the alleged unfair termination, claiming the Claimant deserted work.
Issues
- whether the termination was by the Claimant through desertion or by the Respondent through unfair dismissal of the Claimant
- whether the Claimant is entitled to the reliefs sought
- whether the Counterclaim should be allowed
Reasoning
The court found that the claimant did not prove he was barred from entering the school on 29.11.2014 and that he did not attend the meeting with the principal in the company of his wife and son.
Outcome
Judgment entered for both the Claimant and the Respondent in the sum of Kshs. 9333.35.
Orders
- each party will retain what is due from him to the other party
- each party will bear his or her costs
Loading judgment…