Luka Mbuvi v Economic Industries Limited [2020] KEELRC 1167 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1167
- Citation
- [2020] KEELRC 1167 (KLR)
- Decided
- 8 May 2020
The Court finds and declares that there was unfair termination of employment. The Court declines to award compensation. The Respondent to compute and pay the Claimant pro-rated leave for 2015.
Facts
Claimant Luka Mbuvi was employed as a machine operator by Respondent Economic Industries Limited until around 11 April 2015. On 22 May 2015, Claimant initiated proceedings alleging unfair termination of employment and breach of contract. Respondent denied unfair termination and contended that Claimant absconded from work.
Issues
- Unfair termination of employment
- Compensation
- Overtime and holidays
- Gratuity
- Leave
Reasoning
The Court finds that the Claimant did not report back to work after being released by the Police, which constitutes desertion. The Respondent did not accept the repudiation, thus the termination was unfair.
Outcome
Unfair termination of employment
Orders
- The Respondent to compute and pay the Claimant pro-rated leave for 2015
Remedies
- Pro-rated leave for 2015
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Philomena Aromba Mbalasi v Uni-Truck World Ltd (2015) eKLR
- Geys v Societe Generale, London Branch (2012) UKSC 63
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