Mwaniki v Ava Chem Limited (Cause E013 of 2022) [2023] KEELRC 55 (KLR) (20 January 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 55
- Citation
- [2023] KEELRC 55 (KLR)
- Decided
- 20 January 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureSummary Judgment Based on Written SubmissionsCoramON MAKAU
Holding
The court finds that the claimant absconded duty from January 5, 2022, and deserted his employment without prior notice, thus absolving the respondent of unfair dismissal.
Facts
The claimant was employed as a Sales Manager by the respondent from November 17, 2021, to January 6, 2022. He was dismissed on January 6, 2022, and absconded duty from December 28 to 31, 2021. He later reported back on January 4, 2022, but did not return to work.
Issues
- Whether the claimant deserted his employment or was unfairly dismissed
- Whether the claimant is entitled to the reliefs sought
- Whether the respondent's counterclaim should be allowed
Reasoning
The court found that the claimant's absence from work and failure to provide required sales reports constituted desertion, not unfair dismissal.
Outcome
The claimant's suit is dismissed, and the respondent's counterclaim is allowed.
Orders
- Salary for 1st - 4th January 2022 awarded at Kshs.12,000
- 7 days salary in lieu of notice and 12 months' salary compensation for unfair termination declined
- Airtime, NHIF, transport, and night out allowances declined
Remedies
- Interest on Kshs.102,000 awarded at court rates until payment in full
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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