Musyoka t/a Jana Pestcon v Mnyika (Appeal E186 of 2024) [2025] KEELRC 376 (KLR) (13 February 2025) (Judgment)

Summary at a glance

Facts

The respondent, a driver, allowed an unauthorized driver to drive his vehicle, leading to an accident. The respondent was arrested and later released on bail. He did not resume work until 15 December 2022, when he refused to collect a notice to show cause for absenteeism.

Issues

• Whether the respondent's refusal to attend work was gross misconduct.
• Whether the employer's decision to allow the claim to take its course was an abdication of a legal duty.
• Whether the employer's decision to sign an agreement accepting liability for damages was unfair and unlawful.

Reasoning

The court found that the respondent's refusal to attend work was gross misconduct and that the employer's decision to allow the claim to take its course was an abdication of a legal duty. The court also found that the employer's decision to sign an agreement accepting liability for damages was unfair and unlawful.

Outcome

Appeal dismissed

Orders

• The appeal is dismissed with costs.

Authorities cited