Igunza v Badar Hardware Limited (Employment and Labour Relations Appeal E073 of 2021) [2024] KEELRC 2458 (KLR) (11 October 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2458
- Citation
- [2024] KEELRC 2458 (KLR)
- Decided
- 11 October 2024
Summary at a glance
TypeEmployment and Labour Relations AppealPostureFirst appealCoramM MBARŨ
The appeal is dismissed. The termination of employment was justifiable due to valid reasons and the appellant failed to attend the disciplinary hearing.
Facts
The appellant, Samuel Igunza, was terminated by Badar Hardware Limited on 10 February 2020 for alleged misconduct and failure to attend a disciplinary hearing. The appellant claimed his employment was terminated on 7 February 2020 due to annual leave.
Issues
- Date of termination
- Reason for termination
- Compliance with Employment Act provisions
Reasoning
The court found that the appellant was terminated on 10 February 2020 for breach of safety policy and diverting from the voyage plan. The notice to attend the disciplinary hearing was issued, and the appellant failed to attend, leading to termination. The court held that the termination was justifiable and that the appellant is not entitled to notice pay and compensation.
Outcome
Appeal dismissed
Orders
- Notice pay and compensation not due
Authorities cited
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