Jared Maranga Ochungo v Kenya Safari Lodges and Hotels Limited [2021] KEELRC 1214 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1214
- Citation
- [2021] KEELRC 1214 (KLR)
- Decided
- 22 July 2021
Summary at a glance
TypeWrongful DismissalPostureAppeal from summary dismissal upheldCoramKLR Radido
The dismissal was lawful and fair, and the Claimant is not entitled to the remedies sought.
Facts
Claimant was dismissed by Respondent on June 4, 2018, for absenteeism. He claimed he suffered from a psychosocial disease known to the employer. The employer had previously acknowledged the issue and provided support.
Issues
- Whether the dismissal was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The employer was aware of the Claimant's illness and provided support. The Claimant admitted to being absent but claimed he suffered from a psychosocial disease. The employer's letter of support and the Claimant's admission of illness were considered.
Outcome
Appeal upheld
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