[2018] KEELRC 1230 (KLR)
The court found that the claimant failed to attend the hearing and had admitted in her pleadings to receiving Kshs.140,000 from the respondent, which she did not account for or refund. The respondent's counterclaim was therefore unopposed and substantiated. The court held that the respondent was entitled to recover...
Source-derived case information.
- Citation
- [2018] KEELRC 1230 (KLR)
- Parties
- Claimant: Alufa Munyasa Jackline; Respondent: Greenlife Crop Protection Africa Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1480 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim dismissed; counterclaim allowed.
- Judges
- HS Wasilwa
- Legal Topics
- Unlawful Termination, Terminal Dues, Counterclaim, Salary in Lieu of Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alufa Munyasa Jackline
Claimant
Greenlife Crop Protection Africa Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unlawfully terminated and entitled to terminal dues and damages.
- 2 Whether the respondent's counterclaim for Kshs.140,000 received by the claimant and not remitted is valid.
- 3 Whether the respondent is entitled to one month salary in lieu of notice.
Ratio Decidendi
The court found that the claimant failed to attend the hearing and had admitted in her pleadings to receiving Kshs.140,000 from the respondent, which she did not account for or refund. The respondent's counterclaim was therefore unopposed and substantiated. The court held that the respondent was entitled to recover the Kshs.140,000 advanced to the claimant and a further Kshs.140,000 as salary in lieu of notice due to the claimant's abscondment. The total award of Kshs.280,000 was granted to the respondent, together with costs and interest.
Court Disposition
Claim dismissed; counterclaim allowed.
Orders
- The claimant's case is dismissed with costs to the respondent.
- The respondent's counterclaim is allowed.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1480 OF 2016
(Before Hon. Justice Hellen S. Wasilwa on 12th July, 2018)
ALUFA MUNYASA JACKLINE.........................................................CLAIMANT
VERSUS
GREENLIFE CROP PROTECTION AFRICA LIMITED...........RESONDENT
JUDGEMENT
1. The Claimant field his claim in Court on 28/7/2016 through the firm of Karanja-Njenga & Company Advocates seeking payment of her terminal dues and damages for illegal termination. This claim was scheduled to proceed for hearing on 14. 6.2018 before this Court.
2. The Claimant failed to attend Court as scheduled despite serving the Respondent with a hearing notice.
3. I therefore dismissed the Claimant’s case with costs to the Respondent and ordered the Respondent to proceed with their counter claim.
4. The Respondent had filed their defence and counterclaim in the claim on 29. 8.2016. In the counterclaim, the Respondent claimed Kshs.140,000/= as money received by the Claimant to pay to the Pest Control Products Board Registration but for which she never paid.
5. They aver that she absconded duty on 3. 6.2016 without refunding the said money. The Respondents seek payment of this 140,000/= plus 1 month salary in lieu of notice.
6. In the claim filed paragraph 16(e) – the Claimant admits receiving the 140,000/= from the Respondents.
7. I have considered the averments of the Respondent. I find that the counterclaim is proved. I therefore find for the Respondents and award them as follows:-
1. Kshs.140,000/= in lieu of notice.
2. Kshs.140,000/= received by Claimant and admitted and not accounted for.
TOTAL = 280,000/=plus costs and interest.
Dated and delivered in open Court this 12th day of July, 2018.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Omanga holding brief for Murage for Respondent – Present
Claimant - Absent