Eshitubi v Talash Dry Cleaners and Laundry (Cause 390 of 2018) [2025] KEELRC 2806 (KLR) (16 October 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2806
- Citation
- [2025] KEELRC 2806 (KLR)
- Decided
- 16 October 2025
The claim for unlawful and unfair termination lacks merit and is dismissed. The Claimant is not entitled to payment in lieu of notice, reinstatement, or award of damages. The Claimant is entitled to payment in lieu of leave days not taken in the sum of Kshs. 34,000.00 with interest at court rates from the date of judgment till payment in full.
Facts
The Claimant, David Eshitubi, was employed as a Plant Mechanic Operator. On September 18, 2017, he was reported to have come to work under the influence of alcohol and was pushed out by the mother of the Respondent's director. He was later given a warning letter, which he refused to sign.
Issues
- Whether the Claimant's employment was wrongfully terminated
- Whether the Claimant is entitled to the relief's sought
Reasoning
The Respondent denied terminating the Claimant's employment. The court found that the Claimant absconded work upon refusing to accept and sign the warning letter given to him by the Respondent's representative.
Outcome
Appeal dismissed
Orders
- The Claimant is entitled to payment in lieu of leave days not taken in the sum of Kshs. 34,000.00 with interest at court rates from the date of judgment till payment in full.
- The Respondent to give the Claimant a certificate of service within 30 days of this judgment.
Remedies
- Payment in lieu of leave days not taken
Authorities cited
Legislation (1)
- Employment Act 2007
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