Dismas Samita Mukhwana v Riley Services Limited [2019] KEELRC 135 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 135
- Citation
- [2019] KEELRC 135 (KLR)
- Decided
- 19 December 2019
Summary at a glance
TypeEmployment DisputePostureClaimant's AppealCoramBYRAM ONGAYA
The termination was not unfair, and the claimant is not entitled to compensation for alleged unfair termination. The claimant is entitled to the certificate of service.
Facts
The claimant, Mr. Samita Mukhwana, was employed by the respondent, Riley Services Limited, as a guard starting from February 11, 2010. He was dismissed on June 6, 2014, for being absent from his assigned duty at Unga Limited Dakar Road. The claimant filed a suit for compensation and other claims.
Issues
- Termination of Employment
- Limitation Period for Continuing Injuries
- Certificate of Service
Reasoning
The claimant admitted to being absent from his duty, which was considered gross misconduct. The dismissal was valid under the Employment Act, and the claims for continuing injuries and house allowance were time-barred.
Outcome
The suit is dismissed with costs.
Orders
- The respondent to deliver the certificate of service to the claimant within 30 days.
- Each party to bear their own costs of the suit.
Authorities cited
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