Sara Mukabana Muka v Graduate Pool Placement Services Limited [2022] KEELRC 702 (KLR)

Facts

Claimant Sara Mukabana Muka was employed by Respondent Graduate Pool Placement Services Limited as a General worker. She was initially placed at Kenafric Industries, a client of the Respondent. She absconded work after her maternity leave and was later placed at Kenafric Industries again. She absconded work again before the matter of her transfer was concluded.

Issues

1. Whether the claimant absconded work or was dismissed from employment by the respondent.
2. If the claimant was dismissed from employment, whether this was for a valid reason following a fair procedure.
3. What reliefs, if at all, is the claimant entitled to.

Reasoning

The Court finds the claimant's testimony more credible, as the respondent had previously accommodated her when she absconded work. The respondent's conduct does not portray an intention to terminate the employment.

Outcome

The claimant is not entitled to any payment in lieu of notice, house allowance, overtime, or payment for leave days not taken.

Authorities cited