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Court faults employer for firing worker who stayed in US after studies
Mr Korir did not return to his job after leaving Kenya, prompting the ministry to dismiss him by a letter dated June 24, 2016, effective August 1, 2013, citing desertion of duty.
What happens when an employee takes study leave abroad and never comes back? Can an employer dismiss them immediately for failing to resume duty, or must formal disciplinary process be followed? And how long should an employer wait before treating staff’s absence as desertion of duty?
A recent labour court case involving a government employee who stayed in the US after completing his studies offers a cautionary lesson on the line between a boss’s right to terminate employment and the duty to follow due process.