Elijah v Xfor Security Solutions (K) Limited (Cause 1779 of 2017) [2023] KEELRC 345 (KLR) (9 February 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 345
- Citation
- [2023] KEELRC 345 (KLR)
- Decided
- 9 February 2023
Summary at a glance
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramK OCHARO, J
The Claimant's employment was terminated by the Respondent, and the termination was procedurally unfair.
Facts
The Claimant, Alex Kimweli Elijah, was employed as a Guard by Xfor Security Solutions (K) Limited. He reported to work on July 5, 2016, but found new guards had taken over his station. He never received communication from the Respondent and was terminated without notice or a termination letter.
Issues
- How the employment of the Claimant came to termination
- Whether the termination was procedurally and substantively fair
- Whether the Claimant is entitled to the prayers sought
Reasoning
The court found that the Respondent did not provide evidence to demonstrate that it made efforts to trace the Claimant after he allegedly deserted duty. The court concluded that the termination was procedurally unfair.
Outcome
The Claimant's employment was terminated by the Respondent.
Authorities cited
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