Kiti Soso v Insight Management Consultants Ltd [2016] KEELRC 1551 (KLR)

Facts

The claimant, Kiti Soso, was employed by the respondent, Insight Management Consultants Ltd, as a machine assistant. He was dismissed on 8th October 2014 for going on a rest day without permission. The claimant alleged the dismissal was unfair and sought compensation.

Issues

1. whether the dismissal was lawful and fair
2. whether the dismissal was with malice, in breach of contract and statutory duty of care

Reasoning

The court found that the dismissal was a summary dismissal due to the claimant's breach of the terms of his employment contract. The employer had the right to regulate rest days and the claimant could apply for time off. The employer did not unilaterally allocate the rest day and provided reasons for the dismissal.

Outcome

Dismissal upheld

Authorities cited