JUDGMENT OF THE COURT
1. This is an appeal against the judgment of the Employment and Labour Relations Court (ELRC) wherein the learned Judge dismissed the appellant’s claim for unlawful termination.
2. The appellant, Rodgers Titus Wasike was employed as a receiving clerk by the respondent, General Motors East Africa Limited on 8th November, 2004 with a starting salary of Kshs. 25,000/=. He ultimately rose up the ranks to the position of Part Sales Executive earning Kshs. 102,516/=. In a letter dated 11th July 2014, he was summarily dismissed from employment with effect from 9th July 2014, for gross misconduct involving unauthorized absenteeism and absconding from duty. He was further informed that his terminal dues which included days worked up to and including 8th July 2014 and any leave due and not taken, would be paid upon complying with the company’s clearing procedure. According to the respondent, their decision was informed by the fact that the appellant fled from the work place …