Dickson Omwoyo Okong’o v Bobmil Industries Limited [2021] KEELRC 146 (KLR)

Facts

The Claimant, Dickson Omwoyo Okong’o, was employed by Bobmil Industries Limited as a Machine Operator. He was absent on 6th July 2014 and asked his colleague to cover for him. He wrote a letter requesting to be placed on night shift to attend to his studies. The Respondent terminated his employment on 23rd July 2014 without a disciplinary hearing.

Issues

1. Whether the Claimant absconded duty, whether he resigned or was unfairly terminated.
2. Whether the Claimant is entitled to the remedies sought.

Reasoning

The Claimant was only absent on 6th July 2014 and had asked his colleague to cover for him. The Respondent's termination was unfair as there was no valid reason and no hearing. The Claimant is not entitled to reinstatement or maximum compensation.

Outcome

The Claimant's application is dismissed.

Authorities cited