Noah Akatu Alomba v Green Park Golf & County Complex t/a The Great Rift Valley Lodge & Golf Resort [2019] KEELRC 1678 (KLR)

The claimant was given three days to attend a burial and failed to return on 1st December, 2014 or communicate his absence. His account of malaria and seeking treatment in Kayole was found far-fetched given the in-house clinic on the Naivasha route, and his medical note lacked sick-off days, came from a facility not recognised under section 43, and had an obliterated signatory. He was accorded due process under sections 44 and 41(2).

The respondent's work records filed under section 10(6) of the Employment Act spoke to the leave days due, which were admitted. Pro-rata leave travelling allowance was admitted at Ksh.1,692.00, and the human resource officer admitted an oversight in July 2012 resulting in underpayment of Ksh.4,800.00 for September to December 2012. The court assessed these claims and found them correct and payable.

Service charge was payable based on sales and profits shared among employees. The claimant was absent from work for December 2014 following his dismissal, so he could not justify payment for work not rendered. The court held that claiming a share of profits worked for by other employees would amount to unjust enrichment.

The defence witnesses, Mukundi and Ochieng, explained how overtime arose and was compensated. The CBA provided that overtime was compensated by days off rather than cash. Work records, including the muster roll, showed hours at work were well accounted for. The claimant's testimony on 16-15 hour shifts was not accepted against these records.

Section 31 requires only reasonable accommodation, the quality of which is not defined. The claimant was provided with bachelor quarters and meals. The court found him keen to exaggerate his circumstances, noting fellow workmates were happy with the accommodation and meals and did not fault the medical facility provided.

Section 51 of the Employment Act requires issuance of a certificate of service at the end of employment. The date of issue is not important; the crucial dates are when employment commenced and ended. The claimant's employment ended on 5th December, 2014, not 2nd February, 2016 as stated in the certificate issued in 2016.