John David Omanyala v Santram Hardware Limited [2017] KEELRC 1467 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1467
- Citation
- [2017] KEELRC 1467 (KLR)
The court found that the claimant was not dismissed but abandoned his work on August 11, 2015, and thus, the termination was not wrongful, unfair, or unlawful.
Facts
The claimant, John David Omanyala, was employed by the respondent, Santram Hardware Limited, as a truck driver. He worked diligently for eight months and was promoted to a driver of a higher axle truck. He was summarily dismissed on August 11, 2015, without notice or salary in lieu of notice. He claims wrongful dismissal, salary arrears, and other benefits.
Issues
- Whether there was a termination of the employment of the claimant by the respondent.
- Whether the termination was wrongful, unfair, and unlawful.
- Whether the claimant is entitled to the relief sought.
- Whether the respondent is entitled to the counter-claim.
- Who bears the costs of the cause.
Reasoning
The court relied on Section 47(5) of the Employment Act 2007, which shifts the burden of proof for unfair termination to the employee, and the respondent's case that the claimant abandoned his work.
Outcome
The claimant's case was dismissed with costs.
Authorities cited
Legislation (2)
- Employment Act 2007
- Section 47(5) of the Employment Act 2007
Cases cited (1)
- Ann Njoroge vs Topez Petroleum Ltd (2013) eKLR
Loading judgment…