[2020] KEELRC 1247 (KLR)
The court found that the claimant's employment was terminated without adherence to fair procedure and without payment of terminal dues, as required by the Employment Act. The respondent, having failed to appear or defend the claim, left the claimant's evidence unchallenged. The court accepted the claimant's...
Source-derived case information.
- Citation
- [2020] KEELRC 1247 (KLR)
- Parties
- Claimant: Alexina Kubot; Respondent: Rosalma Wambui Wangi
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 450 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim allowed
- Judges
- NJ Abuodha, B Ongaya
- Legal Topics
- Unfair Termination, Terminal Dues, Service Pay, Notice Pay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alexina Kubot
Claimant
Rosalma Wambui Wangi
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment.
- 2 Whether the claimant is entitled to terminal dues and compensation for unfair termination.
- 3 Whether the respondent failed to pay the agreed settlement amount.
Ratio Decidendi
The court found that the claimant's employment was terminated without adherence to fair procedure and without payment of terminal dues, as required by the Employment Act. The respondent, having failed to appear or defend the claim, left the claimant's evidence unchallenged. The court accepted the claimant's testimony and the union-negotiated settlement as the basis for the award. The court further awarded compensation for unfair termination, notice pay, service pay, salary arrears, and costs, subject to statutory deductions.
Court Disposition
claim allowed
Orders
- The respondent shall pay the claimant Kshs. 10,000 as one-month salary in lieu of notice.
- The respondent shall pay the claimant Kshs. 5,000 as service pay for one year.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE NO 450 OF 2015
ALEXINA KUBOT................................................................................CLAIMANT
VERSUS
ROSALMA WAMBUI WANGI........................................................RESPONDENT
J U D G E M E N T
1. The Claimant averred that she was employed by the respondent in August, 2012 as a cook in the respondent’s restaurants. She worked for 1 year and 3 months when on 17th October, 2013 she received a letter from the respondent terminating her service with immediate effect on the ground that the Claimant could not be developed into a resourceful employee for the organization. Her salary per month at the time of termination was Kshs. 10,000/=. Upon termination, the respondent never paid the Claimant her terminal dues.
2. On 6th January, 2014 the respondent agreed with the Claimant union to settle the matter at Kshs. 35,926 on without prejudice basis but on condition it was paid forthwith. The respondent has refused and or ignored to pay the amount.
3. The respondent though served never entered appearance nor filed any response to the claim. The same therefore proceeded on undefended cause.
4. In her oral evidence the Claimant stated that she was terminated 17th October, 2013 after working for one year and three months. He used to work from 11. 00 am to 10. 00 p.m.
5. Upon termination the matter was negotiated by her union and the respondent agreed to settle the same at Kshs 35,926.
6. The matter being undefended the Court will go by the Claimants testimony and award him as follows: -
Kshs.
(a) One-month salary in lieu of notice 10,000
(b) Service pay for one year 5,000
(c) Salary arrears for 18 days in October 6,000
(d) Four months’ salary as compensation for
Unfair termination 40,000
61,000
(e ) Costs of the suit.
(f) Items (a) and (b) (c and (d) are subject to taxes.
Dated at Nairobi this 13th day of March, 2020
Abuodha Jorum Nelson
Judge
Delivered this 13th day of March, 2020
Byram Ongaya
Judge
In the presence of:-
................................................for the Claimant and
...................................................for the Respondent.