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Jackson Birya Kalu v Apex Steel Limited [2018] KEELRC 840 (KLR)

[2018] KEELRC 840 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
840
Citation
[2018] KEELRC 840 (KLR)
Decided
26 October 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureAppeal from a decision of the Employment and Labour Relations CourtCoramONESMUS N. MAKAU
Holding

The claimant deserted work from 16.7.2012 without prior notice to the employer.

Facts

The claimant, Jackson Birya Kalu, was employed by Apex Steel Limited as a cleaner from January 2011 to July 2012. He was dismissed on 24 July 2012, but claimed unfair termination. The respondent denied this and claimed the claimant deserted work.

Issues

  1. Whether the claimant was unfairly terminated on 24.7.2012 or he deserted work after 15.7.2012
  2. Whether reliefs sought should issue

Reasoning

The claimant did not provide evidence to prove he was on duty on 24 July 2012 or from 16 to 23 July 2012. The respondent's witnesses testified that the claimant never reported to work after 15 July 2012.

Outcome

The claimant's suit is dismissed with no relief granted.

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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