Samson Muriu Njau v Blue Hut Hotel Limited [2019] KEELRC 2301 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2301
- Citation
- [2019] KEELRC 2301 (KLR)
- Decided
- 15 February 2019
Summary at a glance
TypeUnfair Termination and Desertion of EmploymentPostureAppeal from an original trial decisionCoramRadido Stephen
The Court finds that the Claimant's employment was unfairly terminated and awards him 1 month pay in lieu of notice and 5 months compensation.
Facts
The Claimant was arrested and detained after a break-in at the hotel. He was released but instructed to keep off work until the criminal case was concluded. After his acquittal, he attempted to contact the Respondent but was unsuccessful.
Issues
- Unfair termination of employment
- Desertion of employment
Reasoning
The Court found that the Claimant was not instructed to desert work but was unfairly terminated due to lack of communication and notification.
Outcome
Claimant wins, awarded 1 month pay in lieu of notice and 5 months compensation.
Orders
- Respondent to issue a Certificate of Service within 10 days
- Each party to bear own costs
Remedies
- 1 month pay in lieu of notice
- 5 months compensation
Authorities cited
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