[2016] KEELRC 552 (KLR)
The court found that the Claimant failed to prove the existence of an employment relationship with the Respondent, as no documentary evidence or summary dismissal letter was produced in court. The standard of proof required in employment disputes was not met by the Claimant. Consequently, the claim for unfair...
Source-derived case information.
- Citation
- [2016] KEELRC 552 (KLR)
- Parties
- Claimant: Anthony Ashiundu Sukundi; Respondent: Impala Court Security Guards
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2060 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed
- Judges
- HS Wasilwa
- Legal Topics
- Summary Dismissal, Burden of Proof, Service Pay, Unfair Termination, Oral Contracts, Employment Relationship
- 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
Anthony Ashiundu Sukundi
Claimant
Impala Court Security Guards
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether there existed an employment relationship between the Claimant and the Respondent.
- 2 Whether the Claimant was unfairly terminated from employment.
- 3 Whether the Claimant is entitled to service pay, salary in lieu of notice, leave days, and compensation for unfair termination.
Ratio Decidendi
The court found that the Claimant failed to prove the existence of an employment relationship with the Respondent, as no documentary evidence or summary dismissal letter was produced in court. The standard of proof required in employment disputes was not met by the Claimant. Consequently, the claim for unfair termination, service pay, salary in lieu of notice, and other reliefs could not be sustained. The absence of the Respondent's participation did not relieve the Claimant of his evidentiary burden. The case was therefore dismissed for lack of proof.
Court Disposition
claim dismissed
Orders
- The Claimant's case is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT
OF KENYA AT NAIROBI
CAUSE NO. 2060 OF 2015
(BEFORE HON. LADY JUSTICE HELLEN S. WASILWA ON 13TH SEPTEMBER, 2016)
ANTHONY ASHIUNDU SUKUNDI…………...........CLAIMANT
VERSUS
IMPALA COURT SECURITY GUARDS..……. RESPONDENT
JUDGMENT
1. The Claimant herein has filed his Memorandum of Claim dated 19th November 2015 where he prays for:
(i) The sum of Kshs.107,800. 00 particularized as:
(a) Salary in lieu of notice Kshs.7,000/=.
(b) Service pay for 2 years
(7,000/30 x 15 x 2) = Kshs.7,000/=
(c) Leave days for 2 years
(7,000/30 x 21 x 2) = Kshs.9,800/=
(d) Compensation for unfair termination
(7,000 x 12) = Kshs.84,000/=
TOTAL = Kshs.107,800. 00
(ii) Costs of the suit.
(iii)Interest in (i) and (ii).
(iv)Any other relief as the Court may deem fit.
2. The facts of the Claim are that the Claimant was employed on or about the 12th of June 2012 through an oral contract. He performed his dues diligently until September 2014 where without any notice, he was abruptly terminated.
3. The Claimant states that he was served with a summary dismissal letter but he was not given notice nor was any explanation as to the reason for termination forwarded to him. This was in direct contravention of Article 41 of the Employment Act.
4. The Claimant does not belong to any registered pension or provident fund scheme under the Retirement Benefit Authority; he is not a member of the NSSF and is therefore entitled to service pay.
5. In Court, the Claimant testified that upon termination he was not paid his dues, he has served the Respondent on several occasions but no response has been forthcoming.
6. He asks the Court to award as prayed.
7. Having considered the evidence of the Claimant, there was no proof of any employment relationship between Claimant and Respondent as alleged.
8. Though the Claimant had stated in his pleadings that he was summarily terminated, the summary dismissal letter was also not produced in Court.
9. I find that the case of the Claimant falls below the standard of proof required. I therefore dismiss this case accordingly with no order as to costs.
Read in open Court this 13th day of September, 2016.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Claimant in person – Present
No appearance for Respondent