Douglas Barasa v Texas Alarms (K) Limited [2021] KEELRC 1727 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1727
- Citation
- [2021] KEELRC 1727 (KLR)
- Decided
- 20 May 2021
Summary at a glance
The Respondent terminated the Claimant's employment without justifiable cause and in violation of due procedure.
Facts
Claimant was employed as a night security guard from February 2012. He was arrested on February 9, 2017, for theft, which was later withdrawn. He was terminated on February 8, 2017, for absconding duty.
Issues
- Whether the termination was unlawful
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Respondent's letter dated November 25, 2017, and the absence of a record of a disciplinary meeting on November 22, 2017, were unconvincing. The Claimant's employment was effectively terminated on February 8, 2017.
Outcome
Claimant awarded six months' salary in compensation, one month's salary in lieu of notice, leave pay for five years, gratuity for five years, and underpayment.
Orders
- Award of compensation and leave pay
- Entry of judgment in favor of the Claimant
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