Raichenah v Young Women’s Christian Association Of Kenya (Cause E499 of 2022) [2024] KEELRC 13626 (KLR) (28 June 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13626
- Citation
- [2024] KEELRC 13626 (KLR)
- Decided
- 28 June 2024
Summary at a glance
TypeEmployment DisputePostureClaimant seeks declaration of unfair termination and compensation, Respondent seeks dismissal of suit.CoramBYRAM ONGAYA
The termination was not unfair due to absence without permission on the date the claimant attended the training without permission. However, the claimant came back to the office immediately the same day of the training.
Facts
Claimant was employed as a Program Officer by the Respondent. She requested to attend a fundraising training, which was not approved due to lateness. She was later disciplined for absenteeism and negligence, and her contract was terminated. She claimed emotional trauma and financial difficulties.
Issues
- Was the termination of the contract unfair?
- What was the procedure followed by the Respondent?
Reasoning
The Court found that the claimant was not given permission to attend the training and was absent without permission only on the date of the training, not during her sick leaves. The Respondent complied with the due procedure of a notice and a hearing.
Outcome
The suit is hereby dismissed and each party to bear own costs.
Authorities cited
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