Pamba v Texas Alarms (K) Limited (Cause 2034 of 2017) [2023] KEELRC 1700 (KLR) (10 July 2023) (Judgment)

Summary at a glance

Facts

Claimant Patrick Pamba was employed by Respondent Texas Alarms (K) Limited as a night guard from November 29, 2014. He was suspended on May 4, 2016, and terminated on May 25, 2016, allegedly for absconding duty. The Claimant reported the dispute to the Labour Officer, but no conciliation meetings were held.

Issues

• Whether the Claimant deserted the work place or was unlawfully terminated by the Respondent.
• Whether the Claimant is entitled to the reliefs sought.

Reasoning

The court considers the evidence and legal definitions of desertion, finding that the Claimant absconded duty. The Respondent failed to take reasonable steps to investigate the absence, thus the termination was unlawful.

Outcome

Affirming the original decision, the court orders the Respondent to pay the Claimant terminal benefits of Kshs.518,011.80.

Orders

• The Respondent is ordered to pay the Claimant terminal benefits of Kshs.518,011.80.
• The Respondent is ordered to pay the Claimant the following: one month’s salary in lieu of notice, salary during suspension, leave pay for 11/2 years, public holidays worked, two days off-duty balance each month, house allowance at 15%, uniform refund, salary underpayment, overtime worked, service gratuity, and 12 months compensation.

Authorities cited