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Leonard Kipkorir Mutai v Lichi Security Systems Limited [2020] KEELRC 1324 (KLR)

[2020] KEELRC 1324 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1324
Citation
[2020] KEELRC 1324 (KLR)
Decided
30 March 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnlawful DismissalPostureAppeal from the original trialCoramNzioki wa Makau
Holding

The Claimant is not entitled to be reinstated or receive compensation for wrongful dismissal. The Claimant is entitled to receive Kshs. 6,500/- for pro rata leave and public holidays.

Facts

The Claimant, Leonard Kipkorir Mutai, was employed as a security guard by Lichi Security Systems Limited. He was promoted to supervisor and emergency reliever. He was dismissed on June 28, 2017, allegedly for absconding duty and failing to report for work. He claimed unpaid salary, notice pay, leave, public holidays, and NSSF dues.

Issues

  1. Unlawful dismissal
  2. Absconding from work

Reasoning

The Claimant absconded from work and repudiated the contract of employment. The Respondent had the right to terminate the contract due to the absconding. The Claimant failed to prove unfair dismissal.

Outcome

Dismissed with costs

Remedies

  • Kshs. 6,500/- for pro rata leave and public holidays

Authorities cited

Cases cited (1)
  • Joseph Njoroge Kiama v Summer Ltd [2014] eKLR
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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