JUDGMENT
This appeal is against the judgment of Marete, J. in Kericho Employment and Labour Relations Court (ELRC) Cause No. 15 of 2016. The factual background is that the respondent was an employee of the appellant vide a contract of employment dated 1st April, 2007. The contract of employment was governed by, amongst others, the contract itself; the appellant’s Human Resource Policy and the Disciplinary and Consequence Management Policy. Needless to state the employment contract was also subject to the relevant Employment and Labour Laws of the country.
The respondent’s contract of employment was terminated by the appellant vide a letter dated 28th December, 2015. Prior to the termination of employment, the respondent had been served with a show cause letter dated 7th December 2015 for unauthorized absenteeism from office for three days. He was required to submit a formal written statement explaining why he absented himself from work from 30th November to 2nd December 2015. The respon…