Ndung’u Kiarie v Weithaga Farm Extension Limited [2022] KEELRC 292 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 292
- Citation
- [2022] KEELRC 292 (KLR)
- Decided
- 21 April 2022
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramNduma
The Court finds the Claimant's evidence regarding dates unsafe to rely on and concludes that the Claimant absconded duty on 14th October 2013.
Facts
The Claimant, Ndung’u Kiarie, alleged unlawful/unfair dismissal and non-payment of terminal dues and compensatory damages from the Respondent, Weithaga Farm Extension Limited. The Claimant was employed as a tractor driver from June 21, 2010, and the dispute arose after he was allegedly reprimanded for carrying workers in the tractor trailer.
Issues
- When was the Claimant employed?
- Whether the Claimant's employment was terminated by the Respondent or he absconded duty?
- Whether the Claimant deserves the prayers sought.
Reasoning
The Court relies on the Employment Act, 2007, and previous court decisions to determine that the Claimant absconded duty, not being terminated.
Outcome
The Claimant's claims are dismissed.
Authorities cited
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