Nairobi, Aug. 18 -- 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.

The Employment and Labour Relations Court has faulted the Health ministry for dismissing a radiation protection officer, who failed to return to Kenya after moving to the US for further studies.

The court fou...