Henry Shikoli Milimu v Hypermart Limited [2021] KEELRC 920 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 920
- Citation
- [2021] KEELRC 920 (KLR)
- Decided
- 28 September 2021
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramHon. Justice Dr. Jacob Gakeri
The termination was found to be unfair due to the Claimant's failure to provide documentation for the medical emergency and his unenthusiastic communication with the employer.
Facts
The Claimant was terminated by the Respondent on March 16, 2017, for alleged absence from work on March 10, 2017, to attend to a medical emergency involving his spouse. The Claimant claimed he was suspended by the personal assistant of the Director.
Issues
- Whether the termination was unfair
- Whether the Claimant is entitled to the reliefs sought
- Costs of the suit
Reasoning
The Court found the Claimant's explanation for the absence to be unconvincing and noted that he had sufficient time to provide documentation. The Court also found the Claimant's suspension allegation to be untrue.
Outcome
The termination was found to be unfair, and the Claimant was awarded compensation for lost wages and severance pay.
Remedies
- Compensation for lost wages and severance pay
Authorities cited
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