John Mutsumi David v Delta Guards Limited [2016] KEELRC 523 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 523
- Citation
- [2016] KEELRC 523 (KLR)
The claimant's termination is upheld, and he is dismissed. He is not entitled to notice pay, severance pay, or house allowance. He is entitled to a certificate of service.
Facts
The claimant was employed as a Branch Manager by Delta Guards Limited. He was terminated on 14th March 2014 without notice. He sought compensation for wrongful dismissal, unpaid leave, severance pay, house allowance, and a certificate of service.
Issues
- Wrongful dismissal
- Unpaid leave
- Severance pay
- House allowance
- Certificate of service
Reasoning
The claimant absconded duty and was recalled by the employer. He failed to return to work and was terminated. The claimant did not take all his leave days or be paid for them. The claimant is not entitled to severance pay as the issue does not relate to redundancy. The claimant is not entitled to house allowance outside his contract terms. The claimant is entitled to a certificate of service.
Outcome
Claim dismissed
Orders
- Claimant is issued with a Certificate of Service for the last contract served with the respondent
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