Kundu v China Jiangxi International Kenya Limited (Cause 767 of 2018) [2024] KEELRC 317 (KLR) (15 February 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 317
- Citation
- [2024] KEELRC 317 (KLR)
- Decided
- 15 February 2024
Summary at a glance
TypeUnlawful and Unfair DismissalPostureAppeal from original trialCoramMN NDUMA
The claimant was not summarily dismissed but absconded work upon assaulting his foreman. The claim for unlawful and unfair dismissal lacks merit and is dismissed.
Facts
Claimant James Barasa Kundu was dismissed by respondent China Jiangxi International Kenya Limited on October 3, 2017, without notice or a disciplinary hearing. He claimed he was dismissed unceremoniously due to an assault on a foreman, but the respondent claimed he absconded work.
Issues
- whether the claimant was summarily dismissed from work unlawfully or absconded work upon assaulting a foreman
- whether the claimant is entitled to the reliefs sought
Reasoning
The court found the respondent's account more credible, concluding the claimant absconded work after assaulting his foreman.
Outcome
Claim dismissed, claimant awarded Ksh. 17,130 with interest and 30 days' salary in lieu of untaken leave days.
Orders
- Claim dismissed
- Claimant awarded Ksh. 17,130 with interest and 30 days' salary in lieu of untaken leave days
Remedies
- Ksh. 17,130 with interest and 30 days' salary in lieu of untaken leave days
Authorities cited
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