Masake v Bob Morgan Services Ltd (Cause 2006 of 2016) [2023] KEELRC 152 (KLR) (27 January 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 152
- Citation
- [2023] KEELRC 152 (KLR)
- Decided
- 27 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePosturePart HearingCoramSC RUTTO
Holding
The claimant deserted duty and the respondent had a justifiable reason to dismiss him. The respondent did not follow due process in terminating his employment.
Facts
Claimant Joseph Osapiri Masake was employed as a security guard by Respondent Bob Morgan Services Ltd. He was terminated without notice or due process. Claimant alleges he was chased away by a supervisor, while Respondent claims he deserted duty.
Issues
- Whether the claimant deserted duty
- Whether the respondent complied with the requirements of a fair hearing
- Whether the claimant is entitled to the reliefs sought
Reasoning
The respondent failed to notify the claimant of the reasons for his termination and did not follow the procedural requirements of the Employment Act.
Outcome
Dismissed the claim with costs
Authorities cited
Legislation (1)
- Employment Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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