Kenwatch Security Services Ltd v Mwangi (Employment and Labour Relations Appeal E022 of 2023) [2024] KEELRC 2199 (KLR) (12 September 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2199
- Citation
- [2024] KEELRC 2199 (KLR)
- Decided
- 12 September 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureFirst AppealCoramON MAKAU
Holding
Mwangi is not entitled to declaration of unfair termination or compensation. He is entitled to unpaid salary for September 2021 - January 2022 and Kshs.24,000 for October - December 2021.
Facts
Kenwatch Security Services Ltd terminated John Kamiri Mwangi's employment. Mwangi claimed unfair dismissal and other compensations.
Issues
- Whether Mwangi was dismissed by Kenwatch or absconded duty.
- If dismissed, whether it was unlawful and unfair.
- Whether Mwangi was entitled to reliefs.
Reasoning
The court found Mwangi did not adduce sufficient evidence to prove he was dismissed by his supervisor. He absconded work and is therefore responsible for termination.
Outcome
Appeal dismissed
Orders
- Correction of part of the judgment awarding nine months Housing Allowance and Leave Allowance.
- Costs to be borne by the respondent.
Remedies
- Unpaid salary for September 2021 - January 2022 and Kshs.24,000 for October - December 2021.
Authorities cited
Legislation (2)
- Employment Act, 2007
- General Wages Order
Cases cited (1)
- Selle v Associated Motor Boat Company Ltd (1968) EA 123
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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