Employment and Labour Relations Court at Machakos ELRC

JOSIAH MARUBE NYAKUNDI VS GELIAN INVESTMENT LIMITED

Division and case type: Employment and Labour Relations Court·Claim/Causes

The court determined that the Claimant received the show cause letter via email despite being on compulsory leave, but failed to respond or attend the disciplinary hearing. The Respondent terminated the Claimant summarily under section 44 of the Employment Act for failing to comply with disciplinary procedures, and the Claimant did not exercise his right of appeal within the stipulated period. The court found the termination was fair and compliant with the Employment Act, as the Claimant admitted receiving the show cause letter but failed to address the issues.