[2015] KEELRC 1601 (KLR)
The court found that the claimant was summarily dismissed without valid reason and without adherence to fair procedure as required by the Employment Act, 2007. The respondent failed to enter appearance or contest the claim, and the claimant's evidence was unchallenged. The court held that the claimant was entitled...
Source-derived case information.
- Citation
- [2015] KEELRC 1601 (KLR)
- Parties
- Claimant: Amos Mango Webela; Respondent: Sichuan Yongzhi Construction
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 111 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim allowed
- Legal Topics
- Unfair Termination, Summary Dismissal, Terminal Benefits, Notice Pay, Annual Leave, Compensation for Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Amos Mango Webela
Claimant
Sichuan Yongzhi Construction
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unlawfully and unfairly terminated from employment.
- 2 Whether the claimant is entitled to terminal benefits including notice pay, leave pay, and compensation for unfair termination.
Ratio Decidendi
The court found that the claimant was summarily dismissed without valid reason and without adherence to fair procedure as required by the Employment Act, 2007. The respondent failed to enter appearance or contest the claim, and the claimant's evidence was unchallenged. The court held that the claimant was entitled to one month salary in lieu of notice, payment for untaken annual leave, and compensation equivalent to five months' salary for unfair and unlawful termination. The total award was Kshs.150,000.00, with interest at court rates from the date of judgment until payment in full, plus costs of the suit.
Court Disposition
claim allowed
Orders
- The respondent shall pay the claimant Kshs.24,000.00 being one month salary in lieu of notice.
- The respondent shall pay the claimant Kshs.24,000.00 for untaken annual leave.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 111 OF 2013
AMOS MANGO WEBELA..................................CLAIMANT
VERSUS
SICHUAN YONGZHI CONSTRUCTION...........RESPONDENT
Mr. Wathome for Claimant
JUDGMENT
1. The suit was filed on 28th January 2013 vide a Memorandum of Claim dated the same date.
2. The Claimant seeks payment of terminal benefits to wit;
1. one month salary in lieu of notice in the sum of Kshs.24,000. 00;
2. payment in lieu of untaken leave for one year in the sum of Kshs.24,000. 00 and compensation for alleged unlawful and unfair termination.
3. Annexed to the Memorandum of Claim are documents in support of the Claimant’s case. The Claimant also testified under oath in support of the particulars of Claim.
4. Inspite of service of the summons and hearing notice, the Respondent did not enter appearance nor file a Statement of Defence against the Claim.
The Respondent did not also attend the hearing of the case.
5. The Court has considered the facts of the case and has come to the conclusion that;
The Claimant was employed by the Respondent on 10th November 2010 as a supervisor. He worked diligently and continuously until the 6th September 2012, when the Respondent summarily dismissed him for no valid reason and without following a fair procedure. He was simply told by a manager of the Respondent that his services were no longer required.
6. The Claimant has proved his case on a balance of probabilities and the Court awards him;
i. Kshs.24,000. 00 being one month salary in lieu of notice;
ii. Kshs.24,000. 00 for the untaken annual leave; and
iii. considering that the Claimant had served the Respondent for a period of one(1) year and was dismissed for no valid reason without a notice, the Court awards the Claimant five (5) months salary as compensation for the unlawful and unfair termination in the sum of Kshs.120,000. 00.
Total award Kshs.150,000. 00.
iv. the award is payable with interest at Court rates from date of this judgment till payment in full;
v. the Claimant is also awarded costs of the suit.
Dated and Delivered at Nairobi this 29th day of April, 2015.
MATHEWS N. NDUMA
PRINCIPAL JUDGE