Thomas Dzombo Kirunga v Krystalline Salt Limited [2020] KEELRC 506 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 506
- Citation
- [2020] KEELRC 506 (KLR)
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramPresiding Judge
The Claimant's dismissal was lawful and fair, and the claims for compensation and notice pay are dismissed.
Facts
The Claimant, Thomas Dzombo Kirunga, was employed by the Respondent, Krystalline Salt Limited, as a Pump Attendant from May 1997. He was dismissed on December 16, 2017, for unauthorised absence from work. The Claimant claimed wrongful and unfair dismissal, seeking compensation and other benefits.
Issues
- Whether the Claimant's dismissal was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The dismissal was for unauthorised absence, and the Respondent provided a show cause letter and a disciplinary hearing. The Claimant's contradictory statements and failure to notify his employer of his whereabouts during the absence were valid reasons for dismissal.
Outcome
The Claimant's claims for compensation and notice pay are dismissed. The claim for unutilized leave pay is admitted and payable.
Remedies
- Salary for the month of December 2017
- Any accrued and unutilized leave
- Less one month salary in lieu of notice
- Unutilized leave pay
Authorities cited
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